Inactive Total Small Business Set-Aside (FAR 19.5)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information ... This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation documents and incorporated provisions are those in effect through Federal Acquisition Circular 2021-05, DPN 20210520, and NMCARS 18-17. A request for information was previously issued for this requirement under request #N00173-22-RFI-AM01. The notice number is N00173-22-R-AM02. Please refer to this posting for questions and answers before posing additional questions. Questions must be submitted to the Point(s) of Contact listed above at charnea.calvin@nrl.navy.mil no later than ten (10) days after the Posted Date. Requirement Information The Naval Research Lab (NRL) in Washington, DC has a requirement for the delivery and install of an Matrix-assisted laser desorption/ionization (MALDI) time-of-flight/time-of-fight (TOF/TOF) mass spectrometer (MS) as described in Attachment 1 of this announcement. The anticipated line item structure for the items described in Attachment 1 is: Item Schedule of Supplies/Services Quantity Unit Unit Price Amount 0001 MALDI TOF/TOF imaging spectrometer 1 EA $ $ 0002 MS matrices, standards, and accessories 1 EA $ $ 0003 Computer Workstation 1 EA $ $ 0004 Collection and Analysis Software 1 EA $ $ 0005 Instrument Installation 1 EA $ $ 0006 Instrument Training 1 EA $ $ TOTAL PRICE $ $ In accordance with FAR 52.204-22, alternative line items structures that best reflect the Offeror’s practices and proposed items may be submitted. Delivery and Other Requirement Information Required Delivery Date For Equipment - No later than 100 days from the date of award For Installation - No later than 15 days after delivery of all equipment Delivery Location Receiving Officer Contract Number: TBD ATTN: TBD CODE: TBD LOCATION: Naval Research Laboratory 4555 Overlook Ave. SW Inspection / Acceptance Destination - All items delivered under this action will be inspected/accepted by the Government within thirty (30) days of delivery. FOB Point Destination, free of expense to the Government, in accordance with FAR 52.247-34 DPAS DO-C9 Quotation Submission Information (a) Submission: Quotations shall be submitted electronically via email to the Point(s) of Contact by the Response Date/Time identified in the General Information Section above. Facsimile proposals are NOT authorized. A confirmation receipt will be provided, but it is the sole responsibility of the Offeror to ensure that its response is received in its entirety and in a timely manner. (b) Quote Requirements: Offeror shall submit quote that confirms the proposed item meets or exceeds all physical, functional, performance, and delivery schedule requirements and any other terms and conditions specified in this quote and its attachment(s). The quote shall also include: Letter of Authorization – If providing the products/items of another manufacturer as an Authorized Reseller/Partner, the Offeror shall include some form of documentation from the manufacturer illustrating that the Offeror is an Authorized Reseller/Partner. Description of standard commercial warranty and any extended warranty (if not described in the Offeror’s standard terms and conditions) The contractor shall provide a detailed explanation of (a) how the use of foreign parts will be prevented or minimized, (b) how the impact of any employed foreign parts will be mitigated, and (c) what steps will be taken to protect the system from tampering between system manufacturing and system installation. (c) Company Information: The Offeror shall ensure the following information is submitted: Company Name Address CAGE / DUNS Number Web Page URL Company point of contract, phone # and mail (d) System for Award Management (SAM): Offerors must be registered in SAM (www.sam.gov) in order be considered for award. Offerors shall complete provision FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, included in full-text below. This provision requires the completion of reps and certs in SAM with the completion of paragraph (b) of the provision. If the Offeror has not completed the annual representations and certifications electronically in SAM, the Offeror shall complete only paragraphs (c) through (v) of this provision. Any changes to the annual representations and certifications provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. Evaluation and Basis for Award FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014) is applicable to this acquisition. (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. Factors others than price shall be considered, and a Price/Technical Tradeoff analysis of both price and non-price factors will be conducted in evaluating each quote submitted. Trade-off considerations may result in the determination that it is in the best interest of the Government to award to other than the lowest priced Offeror or other than the highest technically rated Offeror. The following factors shall be used to evaluate offers: Technical Evaluation: The Government will evaluate proposals based on how well the proposed product(s) meet the requirements under Attachment 1. Exceeding the requirements for the following select parameters provide additional value to the government and will be rated more favorably (and in no particular order): 1 – Technical capability 2 – Component Functionality 3 – Service/Support Offerors will be evaluated from Excellent to Unacceptable on above parameters. The Technical evaluation rating methodology is as follows: Rating Abbreviation Risk Level Definition Excellent E Very Low Risk The proposal contains no deficiencies or weaknesses. Based on information provided, there is no doubt that the offeror demonstrates an exceptional understanding of the specifications required to meet or exceed most contract requirements. The highest quality of contract performance is anticipated. Very Good VG Low Risk The proposal contains no deficiencies and only a few minor weaknesses that do not require discussions. Based on the information provided, there is little doubt that the offeror demonstrates a high quality of understanding of the specifications required to meet or exceed some contract requirements. Satisfactory S Moderate Risk The proposal contains no deficiencies and some weaknesses. Based on the information provided, the Offeror demonstrates an understanding of the specifications required to meet contract requirements. Poor P High Risk The proposal contains deficiencies and significant weaknesses. Based on information provided, there is doubt that the contractor understands the specifications required to meet the contract requirements. Requirement can be met only with major changes to the proposal. Unacceptable U Unacceptable Risk Technical proposal has many deficiencies and/or gross omissions; failure to understand much of the scope of work necessary to perform the required tasks; failure to provide a reasonable, logical approach to fulfilling much of the government's requirements; failure to meet many personnel requirements in the solicitation. (When applying this adjective to a proposal as a whole, the technical proposal would have to be so unacceptable in one or more areas that it would have to be completely revised in order to attempt to make it other than unacceptable.) General statements, that the offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFP's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical quote. Supplier’s Past Performance: IAW DFARS 252.213-7000, the contracting officer shall consider data available in the statistical reporting module of the Supplier Performance Risk System (SPRS) regarding the supplier’s past performance history for the PSC and/or NAICS of the supplies being purchased. Ratings: Low Risk: SPRS Supplier Risk Score of Blue, Purple, or Green, indicating a higher score in SPRS and are therefore, considered to have a lower risk of poor contract performance High Risk: SPRS Supplier Risk Score of Yellow or Red, indicating a lower score in SPRS and are therefore, considered to have a higher risk of poor contract performance Neutral: In the case of a supplier without a record of relevant past performance history in SPRS for the NAICS or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history. Price Reasonableness: Vendors shall be evaluated based on their total price, with any/all options to maximize their total score in technical performance. For example, these options might be exercised to meet the objective requirements in Attachment 1. Price reasonableness is expected to be based on competitive quotations, but the Government reserves the right to use any of the techniques described at FAR 13.106-3. Based on the factors above, Technical Performance is more important than Supplier’s Past Performance and Supplier’s Past Performance is more important than Price Reasonableness. The Government reserves the right to award with limited exchanges to clarify certain aspects of quotes; however, the Government anticipates making award without discussions. Applicable Provisions / Clauses All clauses and provisions can be found on the following websites: Federal Acquisition Regulation (FAR) – https://www.acquisition.gov/browse/index/far Defense Federal Acquisition Regulation Supplement (DFARS) – https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html Navy Marine Corps Acquisition Regulation Supplement (NMCARS) - https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx The following PROVISIONS are applicable to this solicitation: Regulation Title Date FAR 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEPT 2007 FAR 52.203-18 Prohibition On Contracting With Entities That Require Certain Internal Confidentiality Agreements Or Statements-Representation JAN 2017 FAR 52.204-7 System For Award Management OCT 2018 FAR 52.204-16 Commercial And Government Entity Code Reporting AUG 2020 FAR 52.204-17 Ownership Or Control Of Offeror AUG 2020 FAR 52.204-20 Predecessor Of Offeror AUG 2020 FAR 52.204-22 Alternative Line Item Proposal JAN 2017 FAR 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment OCT 2020 FAR 52.204-26 Covered Telecommunications Equipment Or Services-Representation OCT 2020 FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations-Representation NOV 2015 FAR 52.209-5 Certification Regarding Responsibility Matters AUG 2020 FAR 52.209-11 Representation By Corporations Regarding Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law FEB 2016 FAR 52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, And Energy Program Use APR 2008 FAR 52.212-1 Instructions To Offerors-Commercial Items JUN 2020 FAR 52.212-2 Evaluation - Commercial Items OCT 2014 FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021), Alternate I (Feb 2021) (OCT 2014) FAR 52.215-1 Instructions To Offerors-Competitive Acquisition JAN 2017 FAR 52.219-1 Small Business Program Representations ALT I NOV 2020 FAR 52.222-22 Previous Contracts And Compliance Reports FEB 1999 FAR 52.223-22 Public Disclosure Of Greenhouse Gas Emissions And Reduction Goals-Representation DEC 2016 FAR 52.225-18 Place Of Manufacture AUG 2018 FAR 52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran—Representation And Certifications JUN 2020 FAR 52.237-1 Site Visit APR 1984 FAR 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 DFARS 252.203-7005 Representation Relating To Compensation Of Former DoD Officials NOV 2011 DFARS 252.204-7016 Covered Defense Telecommunications Equipment Or Services—Representation DEC 2019 DFARS 252.204-7017 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services—Representation DEC 2019 DFARS 252.213-7000 Notice To Prospective Suppliers On Use Of Supplier Performance Risk System In Past Performance Evaluations SEP 2019 DFARS 252.215-7008 Only One Offer JUL 2019 DFARS 252.215-7010 Requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data—Basic JUL 2019 DFARS 252.215-7013 Supplies And Services Provided By Nontraditional Defense Contractors JAN 2018 DFARS 252.225-7050 Disclosure Of Ownership Or Control By The Government Of A Country That Is A State Sponsor Of Terrorism DEC 2018 DFARS 252.239-7009 Representation Of Use Of Cloud Computing SEP 2015 DFARS 252.239-7017 Notice Of Supply Chain Risk FEB 2019 DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection And Avoidance System AUG 2016 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. “Federal contracts and grants with total value greater than $10,000,000” means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). “Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror ? has ? does not have current active Federal contracts and grants with total value greater than $10,000,000. (c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i)In a criminal proceeding, a conviction. (ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii)In an administrative proceeding, a finding of fault and liability that results in– (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2)If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7). (End of provision) FAR 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020) and addenda and tailoring apply to this acquisition. FAR 52.212-1 has been tailored to include the following additional instructions: This procurement is for new equipment ONLY. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty. Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller or partner for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. ELECTRONIC AND INFORMATION TECHNOLOGY (EIT) In accordance with Section 508 of the Rehabilitation Act of 1973 (29 USC 794d), all EIT supplies and services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101. The NRL will not authorize, allow, or entertain requests for progress payments, installment payments, or advance payments. REQUIREMENTS FOR ON-SITE CONTRACTORS For those portions of the work under this contract performed at any NRL site, the contractor shall comply with the Requirements for On-Site Contractors which are hereby attached in this solicitation in Attachment 2 – Requirements for On-Site Contractors. Pursuant to DFARS 211.106 contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence. Addendum to FAR 52.212-1 1. FAR 52.212-1(b), Submission of Offers: See additional Quotation Submission Information above. 2. 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. FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Control Desk, Code 3200, Bldg. 222, Rm. 115, Naval Research Laboratory, 4555 Overlook Ave., S.W., Washington DC 20375 5326. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI): https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ Department of the Navy Acquisition Regulations (NMCARS): https://www.secnav.navy.mil/rda/Pages/NMCARS.aspx (End of provision) The following CLAUSES will be incorporated into the resultant award: Regulation Title Date IBR or FT* FAR 52.202-1 Definitions JUN 2020 IBR FAR 52.203-3 Gratuities APR 1984 IBR FAR 52.203-12 Limitation On Payments To Influence Certain Federal Transactions JUN 2020 IBR FAR 52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights JUN 2020 IBR FAR 52.204-4 Printed Or Copied Double-Sided On Postconsumer Fiber Content Paper MAY 2011 IBR FAR 52.204-13 System For Award Management Maintenance OCT 2018 IBR FAR 52.204-18 Commercial And Government Entity Code Maintenance AUG 2020 IBR FAR 52.204-19 Incorporation By Reference Of Representations And Certifications DEC 2014 IBR FAR 52.204-21 Basic Safeguarding Of Covered Contractor Information Systems JUN 2016 IBR FAR 52.204-23 Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities JUL 2018 IBR FAR 52.204-25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment AUG 2020 IBR FAR 52.211-15 Defense Priority And Allocation Requirement APR 2008 IBR FAR 52.211-17 Delivery Of Excess Quantities SEPT 1989 IBR FAR 52.212-4 Contract Terms And Conditions-Commercial Items OCT 2018 IBR FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-Commercial Items JAN 2021 FT FAR 52.223-5 Pollution Prevention And Right-To-Know Information MAY 2011 IBR FAR 52.229-3 Federal, State, And Local Taxes FEB 2013 IBR FAR 52.232-17 Interest MAY 2014 IBR FAR 52.232-39 Unenforceability Of Unauthorized Obligations JUN 2013 IBR FAR 52.232-40 Providing Accelerated Payments To Small Business Subcontractors DEC 2013 IBR FAR 52.233-1 Disputes MAY 2014 IBR FAR 52.242-13 Bankruptcy JUL 1995 IBR FAR 52.242-15 Stop-Work Order AUG 1989 IBR FAR 52.243-1 Changes - Fixed Price AUG 1987 IBR FAR 52.246-2 Inspection Of Supplies-Fixed-Price AUG 1996 IBR FAR 52.246-4 Inspection Of Services-Fixed-Price AUG 1996 IBR FAR 52.246-16 Responsibility For Supplies APR 1984 IBR FAR 52.247-34 FOB Destination NOV 1991 IBR FAR 52.253-1 Computer Generated Forms JAN 1991 IBR DFARS 252.201-7000 Contracting Officer's Representative DEC 1991 IBR DFARS 252.203-7000 Requirements Relating To Compensation Of Former DoD Officials SEP 2011 IBR DFARS 252.203-7002 Requirement To Inform Employees Of Whistleblower Rights SEP 2013 IBR DFARS 252.203-7003 Agency Office Of The Inspector General AUG 2019 IBR DFARS 252.204-7002 Payment For Contract Line Or Subline Items Not Separately Priced APR 2020 IBR DFARS 252.204-7003 Control Of Government Personnel Work Product APR 1992 IBR DFARS 252.204-7015 Notice Of Authorized Disclosure Of Information For Litigation Support MAY 2016 IBR DFARS 252.204-7018 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services JAN 2021 IBR DFARS 252.209-7004 Subcontracting With Firms That Are Owned Or Controlled By The Government Of A Terrorist Country MAY 2019 IBR DFARS 252.211-7003 Item Unique Identification And Valuation MAR 2016 IBR DFARS 252.211-7006 Passive Radio Frequency Identification MAR 2018 IBR DFARS 252.211-7008 Use Of Government-Assigned Serial Numbers SEP 2010 IBR DFARS 252.223-7006 Prohibition On Storage, Treatment, And Disposal Of Toxic Or Hazardous Materials—Basic SEP 2014 IBR DFARS 252.223-7008 Prohibition Of Hexavalent Chromium JUN 2013 IBR DFARS 252.225-7008 Restriction On Acquisition Of Specialty Metals MAR 2013 IBR DFARS 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 IBR DFARS 252.225-7013 Duty-Free Entry MAY 2016 IBR DFARS 252.225-7015 Restriction On Acquisition Of Hand Or Measuring Tools JUN 2005 IBR DFARS 252.225-7016 Restriction On Acquisition Of Ball And Roller Bearings JUN 2011 IBR DFARS 252.225-7048 Export-Controlled Items () JUN 2013 IBR DFARS 252.225-7052 Restriction On The Acquisition Of Certain Magnets, Tantalum, And Tungsten OCT 2020 IBR DFARS 252.226-7001 Utilization Of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian Small Business Concerns (Applicable If Expected To Exceed $500,000) APR 2019 IBR DFARS 252.232-7003 Electronic Submission Of Payment Requests And Receiving Reports DEC 2018 IBR DFARS 252.232-7006 Wide Area Workflow Payment Instructions DEC 2018 FT DFARS 252.232-7010 Levies On Contract Payments DEC 2006 IBR DFARS 252.232-7011 Payments In Support Of Emergencies And Contingency Operations MAY 2013 IBR DFARS 252.232-7017 Accelerating Payments To Small Business Subcontractors—Prohibition On Fees And Consideration APR 2020 IBR DFARS 252.237-7010 Prohibition On Interrogation Of Detainees By Contractor Personnel JUN 2013 IBR DFARS 252.239-7000 Protection Against Compromising Emanations OCT 2019 IBR DFARS 252.239-7001 Information Assurance Contractor Training And Certification JAN 2008 IBR DFARS 252.239-7010 Cloud Computing Services OCT 2016 IBR DFARS 252.239-7018 Supply Chain Risk FEB 2019 IBR DFARS 252.243-7001 Pricing Of Contract Modifications DEC 1991 IBR DFARS 252.243-7002 Requests For Equitable Adjustment DEC 2012 IBR DFARS 252.244-7000 Subcontracts For Commercial Items And Commercial Components (DoD Contracts) OCT 2020 IBR DFARS 252.246-7003 Notification Of Potential Safety Issues JUN 2013 IBR DFARS 252.246-7004 Safety Of Facilities, Infrastructure, And Equipment For Military Operations OCT 2010 IBR DFARS 252.246-7008 Sources Of Electronic Parts MAY 2018 IBR DFARS 252.247-7003 Pass-Through Of Motor Carrier Fuel Surcharge Adjustment To The Cost Bearer JUN 2013 IBR DFARS 252.247-7023 Transportation Of Supplies By Sea FEB 2019 IBR *Incorporated by reference or incorporated by full text in resultant award Addenda to FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) AUTHORIZED GOVERNMENT REPRESENTATIVE Authorized Government Representative (AGR) for Inspection and Acceptance- *, Code *, Telephone number *, email: *@nrl.navy.mil. *To be completed at award FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2021) applies to this acquisition. Also, the additional FAR clauses cited in this clause, below, are applicable to this acquisition: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note). _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a). __ (ii) Alternate I (Mar 2020) of 52.219-3. _X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Mar 2020) of 52.219-4. __ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Mar 2020) of 52.219-6. __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Mar 2020) of 52.219-7. _X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Jun 2020) of 52.219-9. ___ (v) Alternate IV (Jun 2020) of 52.219-9 ___ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). __ (ii) Alternate I (Mar 2020) of 52.219-13. ___ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f). _X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)). __ (ii) Alternate I (MAR 2020) of 52.219-28. __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)). __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). __ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15...