Saudi Arabia Syncrolift Shiplift Maintenance Inspections Combined Synopsis/Solicitation

W912ER20R0039

Description:

(i) This is a combined synopsis/solicitation for a commercial item prepared in accordance with the
format in Subpart 12.6, as supplemented with additional information included in this notice. This
announcement constitutes the only solicitation; quotes are being requested and a written solicitation will
not be issued. This requirement falls under the Foreign Military Sales (FMS) Case SR-P-RBT.

(ii) The solicitation number is W912ER20R0039 and is issued as a Request for Quote (RFQ).

(iii) The full text of the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition
Regulations supplement (DFARs) can be accessed on the Internet at https://www.acquisition.gov/.

(iv) The associated North American Industries Classification System (NAICS) code for this acquisition
is 541990 and the small business size standard is $16.5M.

(v) Quotes must be broken down and prices shown for each of the following Contract Line Item
Numbers (CLIN):

CLIN 0001: The contractor shall perform a one-time inspection and assessment of the articulated
shiplift operating at King Abdulaziz Naval Base, Jubail, Saudi Arabia. This is a Firm-Fixed-Price CLIN
and the contractor shall complete this task within 150 calendar days of award.

Unit Price: _________________ Total CLIN Price: _________________

CLIN 0002: The contractor shall provide a report of their findings. The report shall have two
submittals, a draft and a final. The draft report shall be submitted within 30 days from the time of the
inspection. There will be a 15 day review period, and the final report shall incorporate all comments and
be submitted with 15 days of the completion of the review.

Unit Price: _________________ Total CLIN Price: _________________

CLIN 0003: Travel associated with the maintenance inspections. This travel will be in accordance with
the Joint Travel Regulations (JTR).

Unit Price: _________________ Total CLIN Price: ___________________

Total Quoted Price: _______________________________

(vi) The period of performance shall be 150 days from Notice to Proceed (NTP).

(vii) The provision at 52.212-1 Instructions to Offerors – Commercial Items, applies to this
solicitation.
Instructions to Offerors-Commercial Items (Mar 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard.
The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the
solicitation. However, the small business size standard for a concern which submits an offer in its own
name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at
or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead
stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance
with the requirements in the solicitation. This may include product literature, or other documents, if
necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-
3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and
relevant contracts for the same or similar items and other references (including contract numbers, points
of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of
agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to
furnish required representations or information, or reject the terms and conditions of the solicitation may
be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30
calendar days from the date specified for receipt of offers, unless another time period is specified in an
addendum to the solicitation.
 (d) Product samples. When required by the solicitation, product samples shall be submitted at or
prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these
samples shall be submitted at no expense to the Government, and returned at the sender’s request and
expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms
and conditions, including alternative line items (provided that the alternative line items are consistent
with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying
the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so
as to reach the Government office designated in the solicitation by the time specified in the solicitation.
If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated
Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office
designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be
considered unless it is received before award is made, the Contracting Officer determines that accepting
the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the

solicitation, it was received at the initial point of entry to the Government infrastructure not later than
5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government
installation designated for receipt of offers and was under the Government’s control prior to the time set
for receipt of offers; or

(C) If this solicitation is a request for quotes, it was the only quote received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more
favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes
the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt
maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers
cannot be received at the Government office designated for receipt of offers by the exact time specified
in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other
notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be
extended to the same time of day specified in the solicitation on the first work day on which normal
Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for
receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation
authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact
time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile
offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the
exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the
person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate
offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer
should contain the offeror’s best terms from a price and technical standpoint. However, the Government
reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
The Government may reject any or all offers if such action is in the public interest; accept other than the
lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the
offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may
not be submitted for quantities less than those specified. The Government reserves the right to make an
award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the
offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part
101-29, and copies of specifications, standards, and commercial item descriptions cited in this
solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item
descriptions cited in this solicitation may be obtained free of charge by submitting a request to the
addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the
following ASSIST websites:
 (i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense
Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600
EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA
19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for
their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the
solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The
Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
“Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and
address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The
EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the
discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts
(see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should
contact the entity designated at www.sam.gov for unique entity identifier establishment directly to
obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting
the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall
disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s
offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed
offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during
source selection.
 (4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the
successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether
source-selection procedures set forth in the solicitation, applicable regulations, and other applicable
authorities were followed by the agency.

(End of provision)

(viii) The provision at 52.212-2 Evaluation – Commercial Items, is applicable to this solicitation.

Evaluation-Commercial Items (Oct 2014)

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

INFORMAL SOURCE SELECTION CRITERIA

SHIPLIFT MAINTENANCE INSPECTIONS
FMS CASE SR-P-RBT
W912ER20R0039

1. Eligibility for Contract Award

In accordance with the Federal Acquisition Regulation (FAR), no contract shall be entered into unless
the Contracting Officer ensures that all requirements of law, Executive Orders, regulations, and all other
applicable procedures, including clearances and approvals, have been met. Additionally, the
Contracting Officer shall make an affirmative determination of a quote’s responsiveness. To be
determined responsive, a quote shall meet the requirements set forth in the solicitation. A quote that is
determined to be non-responsive will not be evaluated or considered for a contract award.

2. Lowest Price Technically Acceptable Source Selection Process

The Government will evaluate all quotes that are complete and responsive to the solicitation.
Evaluations for technical acceptability will be performed in accordance with FAR 15.101-2 Quote
Evaluation.

The Government cannot make the contract award to an Offeror that is determined to have a technical
quote that is unacceptable. An unacceptable rating will make the Offeror ineligible for the contract
award, unless the Government elects to enter into discussions with Offeror’s and all reasons for an
unacceptable rating are remedied in a revised quote. It is the intent of the Government to award a
contract without discussions, although the Government reserves the right to conduct discussions if it is
determined to be in the Government’s best interest. Therefore, an Offeror that desires consideration for
the contract award is advised to comply with all mandatory requirements of this solicitation for quote
submission of price and non-price quotes.
The Offeror that submits the lowest complete and reasonably priced quote that is also technically
acceptable will be selected for the contract award. To be considered technically acceptable, an Offeror’s
quote shall be rated acceptable under all technical factors.

An acceptable rating will be assigned to a quote that has satisfied all of the requirements of the technical
evaluation factors set forth in the solicitation. An unacceptable rating will be assigned to a quote that
has not satisfied all of the requirements of the technical evaluation factors set forth in the solicitation.

3. Basis for Award

Basis for Award: Subject to the provisions contained herein, award of a contact will be made to one
Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR),
conforms to the solicitation requirements, and whose quote, judged by an overall assessment of the
evaluation criteria and other considerations specified in this solicitation, represents the Lowest Price
Technically Acceptable (LPTA) offer to the Government. Quotes will be evaluated on three (3)
evaluation factors:

Factor 1 - Syncrolift or Similar Ship Lifting System Inspection Experience

Factor 2 – Past Performance
Factor 3 – Price

4. Quote Format and Quote Submission Requirements

Quotes shall be organized, concise, and submitted electronically in two volumes. Volumes shall be
clearly identified and tabbed. Each factor shall be described in a separate tabbed sections. Electronic
submission must include Volume I and Volume II as two separate files in PDF (or comparable) format,
submitted to Mr. David Walden at [email protected] and Ms. Holly Watson at
[email protected] through the DoD SAFE (Secure Access File Exchange) site located at
https://safe.apps.mil/ (Non-CAC Users). Quotes are due not later than August 5, 2020 at 4:00 PM U.S.
Eastern Daylight Time (EDT). This date shall be considered the quote due date, after which quotes
will not be accepted. Each factor shall be described in separately tabbed sections. Electronic
submissions must include the following:

Volume I – Technical Quote

Factor 1 - Syncrolift or Similar Ship Lifting System Inspection Experience

Factor 2 – Past Performance
JV Letter of Commitment (If Applicable)
Subcontractor Letter of Commitment (If Applicable)

Volume II – Price Quote and Solicitation Documentation

Factor 3 – Price
Acknowledgement of solicitation and all amendments
Points-of-Contact with the authority to legally bind the Contractor
DUNS Number, CAGE Code, and Tax Identification Number
5. Evaluation Factors:

FACTOR 1 – Experience

Each Offeror’s experience will be examined for breadth and depth of inspection and reporting services
performed on Syncrolift or similar ship lifting systems and operational components related to those
systems. Offeror’s must possess demonstrated experience managing and performing in depth inspection
services and providing detailed reports relevant to this solicitation. For purposes of this solicitation, a
relevant project would include inspection services of the Syncrolift ship lift system or similar ship lifting
systems and the systems operational components located outside of the continental United States.
Operational components include but are not limited to: ship transfer areas, articulated shiplifts, dry-
docks, hotel stations supporting ship maintenance, generators, transformers and electrical panels, and all
electrical, mechanical and fire protection lines serving the area.

A recent project is one that has been completed within the last five years of this RFP issuance date or is
currently being performed and is at least 50% complete as of this RFP issuance date.

Under this Factor, Offeror’s shall provide a narrative, not to exceed 10 pages, 12 font single sided,
describing recent and relevant experience on three (3) projects. No more than three projects per Offeror
are to be submitted. If more than three projects are submitted for this factor, only the first three will be
evaluated. However, three projects are required to be submitted for an Offeror to receive an Acceptable
rating.

The following information shall be provided for each project the Offeror includes as documentation of
experience. If the Offeror is a Joint Venture, each Joint Venture partner shall provide the information as
required in this paragraph. Experience gained as a subcontractor will be considered if the work
performed meets the relevant and recent criteria above:

a. Project title and contract number (if assigned),

b. Date of contract award,
c. Description of the project,
d. Overall contract value (U.S. Dollars),
e. Offeror’s role in the project (Prime/Sub),
f. Overall contract value the entity was responsible for (U.S. Dollars or percent),
g. Location of the project (Country, nearest city),
h. Contract duration (Calendar days) year in which the project was completed or its current
completion date.
i. Confirmation of Articulated Shiplift System
j. Name of Service Engineer / Inspector
The Offeror shall provide two Field Engineers that have a minimum of five (5) years of experience
inspecting articulated shiplifts in the Middle East Region and must also show a minimum of 10 different
articulated shiplift inspections in the past one (1) year. Experience shall include specific evidence that
the two (2) Field Engineers nominated have a minimum of 10 years each of experience inspecting
articulated shiplift systems.
Evaluation Approach for Factor 1:

The Government will evaluate each Offeror’s experience related to the inspection of Syncrolift or
similar ship lifting systems and operational components related to those systems. Offerors shall submit
three (3) projects for inspection services of a Syncrolift or similar ship lifting systems and operational
components outside of the continental United States within the past five (5) years or 50% complete at
time of the RFP issuance date. The Government will rate each Offeror as either “Acceptable” or
“Unacceptable” based on their experience as defined below:

FACTOR 1 EXPERIENCE RATINGS

Adjectival Rating Description
Quote meets the recent and relevant requirements of the
Acceptable
solicitation. Three projects are submitted for review
Quote does not meet the recent and relevant requirements of the
Unacceptable
solicitation. Less than three projects are submitted for review

FACTOR 2 – Past Performance

The Factor 2 Past Performance evaluation includes an assessment of an Offeror’s probability of meeting
the solicitation requirements. This assessment is based on the Offeror’s record of relevant past
performance information that pertain to the services outlined in this solicitation requirements.

A “recently completed” project is defined as a project which (1) has been completed within the last five
years of this RFP issuance date, or (2) is currently being performed and is at least 50% complete as of
this RFP issuance date.

A relevant project is defined as a “recently completed” project with a “similar scope” requirements of
this solicitation.

“Similar scope” is defined as inspection services of Syncrolift or similar ship lifting systems and
components.

The Offeror shall submit past performance for each “recently completed” project submitted under Factor
1 Experience. To be evaluated the Offeror shall submit a Past Performance Questionnaire (PPQ) for
each project submitted under the Experience Factor. Only PPQ will be considered for evaluation. Only
past performance information associated with the projects submitted under the Experience Factor will be
considered for evaluation. The Government reserves the right to authenticate any past performance
information submitted by the Offeror.

Past performance refers to the quality of project experience from the owner’s perspective. It relates to
how well an Offeror accomplished a project, not what they did as this is experience information. The
Offeror shall provide an English speaking customer reference name(s), company affiliation, and current
contact information for each of the projects submitted under the Experience Factor. Ensure correct
phone numbers and email addresses are provided for the client point of contact. If any firm has multiple
functions or divisions, limit the project examples to those performed by the division, unit or team
member submitting the offer. The project owner points of contact/clients shall have firsthand
knowledge and information of the Offeror’s past performance in connection with the projects submitted.
The points of contact/clients provided cannot be affiliated with the Offeror in any manner or capacity,
must be independent, and must be willing to answer questions. The Government may contact and
interview points of contact/clients and reserves the right to interview other individuals with knowledge
of the listed project performance. FALSIFIED PPQ’S MAY BE GROUNDS FOR
DISQUALIFICATION OF THE OFFEROR’S QUOTE.

PPQ included in the Solicitation is provided for the Offeror to submit to the client for each project
included in the Experience Factor. The Offeror should include the performance rating by the owner on
the form, if the Offeror was rated.

A PPQ shall be submitted for each project. If Offerors are unable to obtain a completed PPQ for a
project then they must, at a minimum, complete the client contact information on the first page of the
PPQ to allow the Government to ability to attempt to contact the client, if they so choose.
Owners/references may be asked to comment on items such as quality of work, timeliness, on budget,
safety, management, warranty, and client satisfaction. The Government will not release any interview
information to the Offeror at any time, in order for the Government to solicit candid, unbiased interview
comments.

In addition to the above, the Government may review any other sources of information for evaluating
current and past performance. Other sources may include, but are not limited to, past performance
information retrieved through the Past Performance Information Retrieval System (PPIRS), using
applicable CAGE/DUNS numbers of the team members, Federal Awardee Performance and integrity
Information Systems (FAPIIS), the Offeror’s Dun & Bradstreet Report, and any other sources not
provided by the Offeror. The Government reserves the right to contact Government field
representatives, or any other sources that they deem appropriate.

While the Government may elect to consider data from other sources, the burden of providing detailed,
current, accurate and complete past performance information rests with the Offeror. If the Offeror is a
joint venture of partnership, past performance information should be presented for each partner in the
joint venture or partnership, as it relates to the projects submitted under the Experience Factor.
Although the Government prefers all members of a joint venture or partnership to have satisfied or
excelled in all areas pertaining to past performance, the Government will consider the complimentary
aspects of the separate participants in a joint venture or partnership, by evaluating the joint venture or
partnership as a whole.

Completed PPQ’s should be submitted with the Offeror’s quote. Offerors should follow up with
clients/references to ensure timely submittal of questionnaires. If the client/reference requests,
questionnaires can be submitted directly to the Government's point of contact, Mr. David Walden via
email at [email protected] and Ms. Holly Watson, at [email protected]
prior to the quote closing date.

Evaluation Approach for Factor 2:

The Past Performance evaluation will result in an assessment of the Offeror’s ability of successfully
meeting the solicitation requirements. The Offeror’s past performance will be evaluated based on its
own past performance, and on the past performance of any Joint Venture member who will be
performing the work. Quotes will be evaluated based on information provided and any other
information determined appropriate by the Government. The evaluation will use the terms described in
the table below:

PAST PERFORMANCE EVALUATION RATINGS

Adjectival Rating Description
Based on the Offeror's relevant performance record, the Government
Acceptable has a reasonable expectation that the Offeror will successfully perform
the required effort, or the Offeror's performance record is unknown.

Based on the Offeror's relevant performance record, the Government

Unacceptable has no reasonable expectation that the Offeror will be able to
successfully perform the required effort.

In the case of an Offeror without a record of relevant past performance or for whom information on past
performance is not available or so sparse that no meaningful past performance rating can be reasonably
assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR
15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the
context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

FACTOR 3 – Price

Offeror’s shall provide a Firm-Fixed-Price (FFP) quote. This price quote shall include, but is not limited
to, all oversight, inspections, reports, and travel costs as specified in the Performance Work Statement.
The Government will evaluate price quotes to determine their completeness and reasonableness. The
Government will perform its price evaluation by comparing an Offeror’s proposed prices against the
Government’s estimate as well as against each of the other Offerors.

1. Completing the Price Quote:

Offerors shall submit a completed Price Quote as part of the Factor 3 – Price for Volume II.

a. The price quote shall be complete. The quote shall have pricing for all line items contained
within the solicitation.
b. The quote is reasonable. (Reasonableness has to do with whether an Offeror’s proposed prices
compare favorably against the Independent Government Estimate (IGE) as well as against the proposed
prices submitted by other Offeror’s).

2. Quote Format for Volume II:

a. For Volume II the Offeror shall provide the Price Quote and Contract Administrative
requirements at the same time as the submission of the Technical Quote (Volume I).
 b. Offeror’s shall submit a completed Price Quote, containing the Offeror’s proposed price. All
aspects must be priced.

c. The Offeror shall submit a price quote on the provided price Contract Line Item Number
(CLIN) structure table signed by an official authorized to bind the company.

d. Acknowledgement of the solicitation and any/all amendments to the solicitation is accordance

with the instructions on the solicitation.

e. The name, address, telephone and fax numbers, e-mail addresses of the Point(s) of Contact
(POC) with the authority to legally bind the Offeror.

f. Name, Address, Phone Number, E-Mail, DUNS, CAGE, and TAX Identification Number of
the Offeror submitting the quote.

It is the Government’s intent to award a contract to the lowest price Offeror without discussions
however; the Government reserves the right to hold discussions if deemed necessary. All quotes will be
evaluated as stated in this clause in the solicitation document.

Offeror’s MUST provide a price quote for each item listed on the spare parts list as well as the
manuals. Offeror’s point of contact (POC) to include the POC for warranty, information to include
name, telephone number, and email address must be provided. Price quotes must be in U.S. Dollars
(USD) and all aspects of price must be completed. In addition to the price sheet for all items
Offeror’s must also complete the below bid schedule:

Shiplift Inpsections

CLIN Description Unit Price Total

0001 Shiplift Inspections Each

0002 Inspection Reports Each

003 Travel Job

Total Price:

Technical and past performance, when combined, are equal to price.

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

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

(End of provision)

(ix) The provision at 52.212-3 Offeror Representations and Certifications - Commercial Items,
applies to this solicitation.

Offeror Representations and Certifications-Commercial Items (Mar 2020)

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

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services
or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small
business concern that is at least 51 percent directly and unconditionally owned by, and the management
and daily business operations of which are controlled by, one or more women who are citizens of the
United States and who are economically disadvantaged in accordance with 13 CFR part 127. It
automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its
nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which
can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or
that owns or controls one or more entities that control an immediate owner of the offeror. No entity
owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or
interlocking management, identity of interests among family members, shared facilities and equipment,
and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an
inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c).
 Manufactured end product means any end product in product and service codes (PSCs) 1000-9999,
except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to the
Government. If a product is disassembled and reassembled, the place of reassembly is not the place of
manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the
predecessor.
Restricted business operations means business operations in Sudan that include power production
activities, mineral extraction activities, oil-related activities, or the production of military equipment, as
those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
Restricted business operations do not include business operations that the person (as that term is defined
in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can
demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of
southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in
the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.“Sensitive technology”—
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to
be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President
does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern—
(1) Means a small business concern—
 (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in
the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more
service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts, and
qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business
concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at13 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 CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out
the affairs of the predecessor under a new name (often through acquisition or merger). The term
“successor” does not include new offices/divisions of the same company or a company that only
changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor
may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is
owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more
veterans.
Women-owned 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.
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 least51 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.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2)
of this provision do not automatically change the representations and certifications in SAM
 (2) The offeror has completed the annual representations and certifications electronically in SAM
accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by
submission of this offer that the representations and certifications currently posted electronically at FAR
52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated
in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the
business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time
this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for
paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror
has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are
current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in
an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be
performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer
that it □is, □is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The
offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small
business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a
small disadvantaged business concern as defined in 13 CFR124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not
a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented
itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror
represents that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and
the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible
under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names
of the WOSB concern eligible under the WOSB Program and other small businesses that are
participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program
participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete
only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of
this provision.] The offeror represents that-
 (i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and
the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern
participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern
and other small businesses that are participating in the joint venture: __________.] Each EDWOSB
concern participating in the joint venture shall submit a separate signed copy of the EDWOSB
representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the
simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the
offeror is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business
offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing
or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract
price:____________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–
(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation,
on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business
Administration, and no material changes in ownership and control, principal office, or HUBZone
employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR
Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone
small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of
each of the HUBZone small business concerns participating in the HUBZone joint venture:
__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall
submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It □ has, □ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It □ has developed and has on file, □ has not developed and does not have on file, at each
establishment, affirmative action programs required by rules and regulations of the Secretary of Labor
(41 CFR parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/
U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer,
the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of
Congress on his or her behalf in connection with the award of any resultant contract. If any registrants
under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with
respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL,
Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report
regularly employed officers or employees of the offeror to whom payments of reasonable compensation
were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American-Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered
components of unknown origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end products manufactured in the United
States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does
not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms
“commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end
product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled
“Buy American-Supplies.”
(2) Foreign End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR
part 25.
(g)
(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at
FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror
has considered components of unknown origin to have been mined, produced, or manufactured outside
the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,”
“commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end
product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end
product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled
“Buy American-Free Trade Agreements–Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled “Buy American-Free Trade
Agreements-Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani,
Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
______________ _________________
Line Item No. Country of Origin
______________ _________________
______________ _________________
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in
paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy
American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products
those end products manufactured in the United States that do not qualify as domestic end products, i.e.,
an end product that is not a COTS item and does not meet the component test in paragraph (2) of the
definition of “domestic end product.”
Other Foreign End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of
FAR part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I
to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph
(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in
the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Canadian End Products:
Line Item No.
_______________________________________
_______________________________________
_______________________________________
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate
II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph
(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end
products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-
Israeli Trade Act”:
Canadian or Israeli End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
 (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate
III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii)
for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade
Agreements-Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani,
Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade
Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation
entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products:
Line Item No. Country of Origin
_______________ __________________
_______________ __________________
_______________ __________________
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of
FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-
made or designated country end products without regard to the restrictions of the Buy American statute.
The Government will consider for award only offers of U.S.-made or designated country end products
unless the Contracting Officer determines that there are no offers for such products or that the offers for
such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the
contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the
best of its knowledge and belief, that the offeror and/or any of its principals–
(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible
for the award of contracts by any Federal agency;
(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a
civil judgment rendered against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or local government contract or
subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
 (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a
Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this
clause; and
(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In
the case of a judicial challenge to the liability, the liability is not finally determined until all judicial
appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer
has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent
in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the
taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is
not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability
until the taxpayer has exercised all judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability,
and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing
with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the
IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest
the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.
This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court
review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The
taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is
not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent
because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order
13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under
this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced
or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product Listed Countries of Origin
___________________ ___________________
___________________ ___________________
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in
paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking
the appropriate block.]
(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that
was mined, produced, or manufactured in the corresponding country as listed for that product.
(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was
mined, produced, or manufactured in the corresponding country as listed for that product. The offeror
certifies that it has made a good faith effort to determine whether forced or indentured child labor was
used to mine, produce, or manufacture any such end product furnished under this contract. On the basis
of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition
of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place
of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) □ In the United States (Check this box if the total anticipated price of offered end products
manufactured in the United States exceeds the total anticipated price of offered end products
manufactured outside the United States); or
(2) □ Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards
(Certification by the offeror as to its compliance with respect to the contract also constitutes its
certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The
contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1).
The offeror □ does □ does not certify that–
(i) The items of equipment to be serviced under this contract are used regularly for other than
Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt
subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or
market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such
equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing
work under the contract will be the same as that used for these employees and equivalent employees
servicing the same equipment of commercial customers.
(2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify
that-
(i) The services under the contract are offered and sold regularly to non-Governmental
customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the
general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established
catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a
small portion of his or her time (a monthly average of less than 20 percent of the available hours on an
annualized basis, or less than 20 percent of available hours during the contract period if the contract
period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing
work under the contract is the same as that used for these employees and equivalent employees servicing
commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies–
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the
Contracting Officer did not attach a Service Contract Labor Standards wage determination to the
solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to
execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer
as required in paragraph (k)(3)(i) of this clause.
 (l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the
offeror is required to provide this information to the SAM to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts
arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.
(3) Taxpayer Identification Number (TIN).
TIN: ________________________________.
TIN has been applied for.
TIN is not required because:
Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does not
have an office or place of business or a fiscal paying agent in the United States;
Offeror is an agency or instrumentality of a foreign government;
Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
Sole proprietorship;
Partnership;
Corporate entity (not tax-exempt);
Corporate entity (tax-exempt);
Government entity (Federal, State, or local);
Foreign government;
International organization per 26 CFR1.6049-4;
Other ________________________________.
(5) Common parent.
Offeror is not owned or controlled by a common parent;
Name and TIN of common parent:
Name ________________________________.
TIN _________________________________.
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the
offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations.
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.
(2) Representation. The Offeror represents that–
(i) It □is, □ is not an inverted domestic corporation; and
(ii) It □is, □is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to
Iran.
(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at
[email protected].
(2) Representation and Certifications. Unless a waiver is granted or an exception applies as
provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or
acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not
engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any
of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant
to the International Emergency Economic Powers Act (et seq.) (see OFAC’s Specially Designated
Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-
List/Pages/default.aspx).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not
apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a
comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be
registered in SAM or a requirement to have a unique entity identifier in the solicitation).
(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following
information:
Immediate owner CAGE code: ____________________.
Immediate owner legal name: _____________________.
(Do not use a “doing business as” name)
Is the immediate owner owned or controlled by another entity: □ Yes or □ No.
(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: __________________.
Highest-level owner legal name: ___________________.
(Do not use a “doing business as” name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction
under any Federal Law.
(1) As required by sections 744 and 745 of Division E of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in
subsequent appropriations acts, The Government will not enter into a contract with any corporation that–
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or
debarment of the corporation and made a determination that suspension or debarment is not necessary to
protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding
24 months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not necessary to
protect the interests of the Government.
(2) The Offeror represents that–
(i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the
tax liability; and
(ii) It is □ is not □a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,
Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal
contract or grant within the last three years.
(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following
information for all predecessors that held a Federal contract or grant within the last three years (if more
than one predecessor, list in reverse chronological order):
Predecessor CAGE code: (or mark “Unknown”).
Predecessor legal name: .
(Do not use a “doing business as” name).
(s) [Reserved].
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations
that require offerors to register in SAM (12.301(d)(1)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not
publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the
results of a greenhouse gas inventory, performed in accordance with an accounting standard with
publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate
Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) □does, □does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a
publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific
quantity or percentage.
(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-
party greenhouse gas emissions reporting program.
(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas
emissions and/or reduction goals are reported:_________________.
(u)
(1) In accordance with 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), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or subcontractors from
lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement
representative of a Federal department or agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements
applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414
(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a
Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).
(v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) of
Public Law 115-232.
(1) 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”.
(2) 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.

(End of Provision)

(x) The clause at 52.212-4 Contract Terms and Conditions - Commercial Items, applies to this
acquisition.

Contract Terms and Conditions-Commercial Items (Oct 2018)

1. (a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects
or is not possible, the Government may seek an equitable price reduction or adequate
consideration for acceptance of nonconforming supplies or services. The Government must
exercise its post-acceptance rights-
a. (1) Within a reasonable time after the defect was discovered or should have been
discovered; and
b. (2) Before any substantial change occurs in the condition of the item, unless the change is
due to the defect in the item.
2. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a
result of performance of this contract to a bank, trust company, or other financing institution,
including any Federal lending agency in accordance with the Assignment of Claims Act
(31 U.S.C. 3727). However, when a third party makes payment (e.g.,use of the Governmentwide
commercial purchase card), the Contractor may not assign its rights to receive payment under
this contract.
3. (c) Changes. Changes in the terms and conditions of this contract may be made only by written
agreement of the parties.
4. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the
parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal
or action arising under or relating to this contract shall be a dispute to be resolved in accordance
with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The
Contractor shall proceed diligently with performance of this contract, pending final resolution of
any dispute arising under the contract.
5. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
6. (f) 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.
7. (g) Invoice.
a. (1) The Contractor shall submit an original invoice and three copies (or electronic
invoice, if authorized) to the address designated in the contract to receive invoices. An
invoice must include-
i. (i) Name and address of the Contractor;
ii. (ii) Invoice date and number;
iii. (iii) Contract number, line item number and, if applicable, the order number;
iv. (iv) Description, quantity, unit of measure, unit price and extended price of the
items delivered;
v. (v) Shipping number and date of shipment, including the bill of lading number
and weight of shipment if shipped on Government bill of lading;
vi. (vi) Terms of any discount for prompt payment offered;
vii. (vii) Name and address of official to whom payment is to be sent;
viii. (viii) Name, title, and phone number of person to notify in event of defective
invoice; and
ix. (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN
on the invoice only if required elsewhere in this contract.
x. (x) Electronic funds transfer (EFT) banking information.
1. (A) The Contractor shall include EFT banking information on the invoice
only if required elsewhere in this contract.
2. (B) If EFT banking information is not required to be on the invoice, in
order for the invoice to be a proper invoice, the Contractor shall have
 submitted correct EFT banking information in accordance with the
applicable solicitation provision, contract clause (e.g., 52.232-33, Payment
by Electronic Funds Transfer-System for Award Management, or 52.232-
34, Payment by Electronic Funds Transfer-Other Than System for Award
Management), or applicable agency procedures.
3. (C) EFT banking information is not required if the Government waived
the requirement to pay by EFT.
b. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903)
and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR
Part1315.
8. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees
and agents against liability, including costs, for actual or alleged direct or contributory
infringement of, or inducement to infringe, any United States or foreign patent, trademark or
copyright, arising out of the performance of this contract, provided the Contractor is reasonably
notified of such claims and proceedings.
9. (i) Payment.-
a. (1) Items accepted. Payment shall be made for items accepted by the Government that
have been delivered to the delivery destinations set forth in this contract.
b. (2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part1315.
c. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see
52.212-5(b) for the appropriate EFT clause.
d. (4) Discount. In connection with any discount offered for early payment, time shall be
computed from the date of the invoice. For the purpose of computing the discount earned,
payment shall be considered to have been made on the date which appears on the
payment check or the specified payment date if an electronic funds transfer payment is
made.
e. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or
invoice payment or that the Government has otherwise overpaid on a contract financing
or invoice payment, the Contractor shall-
i. (i) Remit the overpayment amount to the payment office cited in the contract
along with a description of the overpayment including the-
1. (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous
payment, liquidation errors, date(s) of overpayment);
2. (B) Affected contract number and delivery order number, if applicable;
3. (C) Affected line item or subline item, if applicable; and
4. (D) Contractor point of contact.
ii. (ii) Provide a copy of the remittance and supporting documentation to the
Contracting Officer.
f. (6) Interest.
i. (i) All amounts that become payable by the Contractor to the Government under
this contract shall bear simple interest from the date due until paid unless paid
within 30 days of becoming due. The interest rate shall be the interest rate
established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which
is applicable to the period in which the amount becomes due, as provided in
 (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as
fixed by the Secretary until the amount is paid.
ii. (ii) The Government may issue a demand for payment to the Contractor upon
finding a debt is due under the contract.
iii. (iii) Final decisions. The Contracting Officer will issue a final decision as
required by 33.211 if–
1. (A) The Contracting Officer and the Contractor are unable to reach
agreement on the existence or amount of a debt within 30 days;
2. (B) The Contractor fails to liquidate a debt previously demanded by the
Contracting Officer within the timeline specified in the demand for
payment unless the amounts were not repaid because the Contractor has
requested an installment payment agreement; or
3. (C) The Contractor requests a deferment of collection on a debt previously
demanded by the Contracting Officer (see 32.607-2).
iv. (iv) If a demand for payment was previously issued for the debt, the demand for
payment included in the final decision shall identify the same due date as the
original demand for payment.
v. (v) Amounts shall be due at the earliest of the following dates:
1. (A) The date fixed under this contract.
2. (B) The date of the first written demand for payment, including any
demand for payment resulting from a default termination.
vi. (vi) The interest charge shall be computed for the actual number of calendar days
involved beginning on the due date and ending on-
1. (A) The date on which the designated office receives payment from the
Contractor;
2. (B) The date of issuance of a Government check to the Contractor from
which an amount otherwise payable has been withheld as a credit against
the contract debt; or
3. (C) The date on which an amount withheld and applied to the contract
debt would otherwise have become payable to the Contractor.
vii. (vii) The interest charge made under this clause may be reduced under the
procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect
on the date of this contract.
10. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the
supplies provided under this contract shall remain with the Contractor until, and shall pass to the
Government upon:
a. (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
b. (2) Delivery of the supplies to the Government at the destination specified in the contract,
if transportation is f.o.b. destination.
11. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
12. (l) 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 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 which reasonably could have been avoided.
13. (m) 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.
14. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract
shall pass to the Government upon acceptance, regardless of when or where the Government
takes physical possession.
15. (o) 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.
16. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor
will not be liable to the Government for consequential damages resulting from any defect or
deficiencies in accepted items.
17. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local
laws, executive orders, rules and regulations applicable to its performance under this contract.
18. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with
31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37,
Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712
and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and
41 U.S.C. chapter 21 relating to procurement integrity.
19. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by
giving precedence in the following order:
a. (1) The schedule of supplies/services.
b. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with
Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this
clause;
c. (3) The clause at 52.212-5.
d. (4) Addenda to this solicitation or contract, including any license agreements for
computer software.
e. (5) Solicitation provisions if this is a solicitation.
f. (6) Other paragraphs of this clause.
g. (7) The Standard Form 1449.
h. (8) Other documents, exhibits, and attachments.
i. (9) The specification.
20. (t) [Reserved]
21. (u) Unauthorized Obligations.
 a. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service
acquired under this contract is subject to any End User License Agreement (EULA),
Terms of Service (TOS), or similar legal instrument or agreement, that includes any
clause requiring the Government to indemnify the Contractor or any person or entity for
damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency
Act violation (31 U.S.C. 1341), the following shall govern:
i. (i) Any such clause is unenforceable against the Government.
ii. (ii) Neither the Government nor any Government authorized end user shall be
deemed to have agreed to such clause by virtue of it appearing in the EULA,
TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal
instrument or agreement is invoked through an “I agree” click box or other
comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements),
execution does not bind the Government or any Government authorized end user
to such clause.
iii. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar
legal instrument or agreement.
b. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government
that is expressly authorized by statute and specifically authorized under applicable
agency regulations and procedures.
22. (v) Incorporation by reference. The Contractor’s representations and certifications, including
those completed electronically via the System for Award Management (SAM), are incorporated
by reference into the contract.

(End of clause)

(xi) The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders applies to this acquisition. The following items under Clause 52.212-5 are considered
checked and applicable to this acquisition:

• 52.222-50 Combating Trafficking in Persons, Alternate I

• 52.203-6 Restrictions on Subcontractor Sales to The Government.
• 52.203-13, Contractor Code of Business Ethics and Conduct.
• 52 204-10 Reporting Executive Compensation and First-Tier Subcontracting Awards
• 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment
• 52.209-9 Updates of publicly Available Information Regarding Responsibility Matters
• 52.222-3, Convict Labor
• 52.222-19 Child Labor Cooperation with Authorities and Remedies
• 52.223-18 Contractor Policy to Ban Text Messaging While Driving
• 52.225-5 Trade Agreements
• 52.225-13 Restrictions on Certain Foreign Purchases
• 52.223-15 Energy Efficiency in Energy-Consuming Products
• 52.232-33 Payment by Electronic Funds Transfer—System for Award Management
• 52.237-11 Accepting and Dispensing of $1 Coin

(xii) THE FOLLOWING FAR PROVISIONS/ CLAUSES APPLY TO THIS ACQUISITION:

52.202-1 Definitions;
52.203-2 Certificate of Independent Price Determination.
52.203-5 Covenant Against Contingent Fees;
52.203-6 Restrictions on Subcontractor Sales to the Government.
52.203-7 Anti-Kickback Procedures;
52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of
Whistleblower Rights;
52.204-19 Incorporation by Reference of Representations and Certifications;
52.209-5 Certification Regarding Responsibility Matters;
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations;
52.211-6 Brand Name or Equal
52.212-1 Instructions to Offerors—Commercial Items;
52.212-2 Evaluation—Commercial Items;
52.212-3 Offeror Representations and Certifications—Commercial Items;
52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders—Commercial Item;
52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders—Commercial Items (DEVIATION 2013-O0019);
52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort;
52.215-23 Limitations on Pass-Through Charges;
52.215-23 Limitations on Pass-Through Charges ALT I;
52.216-24 Limitation of Government Liability;
52.216-25 Contract Definitization;
52.217-9 Option to Extend the Term of the Contract;
52.225-6 Trade Agreements Certificate;
52.225-18 Place of Manufacture;
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran--Representation and Certifications;
52.228-3 Workers Compensation Insurance (Defense Base Act);
52.232-1 Payments;
52.232-39 Unenforceability of Unauthorized Obligations;
52.233-2 Service of Protest;
52.233-3 Protest after Award;
52.233-4 Applicable Law for Breach of Contract Claim;
52.243-1 Changes--Fixed-Price;
52.244-6 Subcontracts for Commercial Items;
52.246-2 Inspection of Supplies--Fixed-Price;
52.246-15 Certificate of Conformance;
52.247-34 F.O.B. Destination;

THE FOLLOWING DFARS PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION:

252.201-7000 Contracting Officer's Representative;

252.203-7000 Requirements Relating to Compensation of Former DOD Officials;
252.203-7002 Requirement to Inform Employees of Whistleblower Rights;
252.204-7004 Alternate A, System for Award Management;
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls;
252.209-7001 Disclosure of Ownership or control by the government of a terrorist country;
252.209-7002 Disclosure of Ownership or Control by a Foreign Government;
252.225-7000 Buy American--Balance of Payments Program Certificate;
252.255-7001 Buy American and Balance of Payments Program;
252.225-7002 Qualifying Country Sources as Subcontractors;
252.225-7005 Identification of Expenditures in the United States;

(xiii) (N/A)

(xiv) Quotes are to due no later than August 5, 2020 at 4:00 PM U.S. Eastern Daylight Time
(EDT). Quotes received after this date and time will not be accepted. It is the Offerors responsibility to
ensure submission of its quote is received by the Government on the date and time stated above.

(xv) Quotes are to be emailed to the Contract Specialists and to the Contracting Officer.

Mr. David I. Walden, Contract Specialist – [email protected]

Ms. Holly K. Watson, Contracting Officer – [email protected]

ATTACHMENTS:

1. Performance Work Statement

2. Past Performance Questionnaire (PPQ)