41.N32253-24-Q-0043_Solicitaion_Lathe_Removal.pdf

SEE ADDENDUM

(No Collect Calls)

N3225324Q0043

b. TELEPHONE NUMBER

808-473-8000

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 17 May 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

18-Apr-2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

AARON MILLER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N32253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PHNSY & IMF

667 SAFEGUARD ST., STE. 100

JBPHH HI 96860-5033

TEL: 808-473-8000 FAX:

FAX:

TEL: 808-473-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

238910

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

X EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF46

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

Dismantling and Removal of Equipment

FFP

Perform the dismantling and removal of the three Vertical Turret Lathes (VTL), one computed numerical control (CNC) lathe and two manual lathes. Transport the machine components and scrap materials on pallets or dunnage from the shop to a PHNSY approved holding area in accordance with Performance work Statement.

FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-JUN-2024 TO

13-DEC-2024

N/A PHNSY & IMF

667 SAFEGUARD ST., STE. 100

JBPHH HI 96860-5033

808-473-8000 FOB: Destination

N32253

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Shop 31 CNC and Manual Lathes Dismantle and Removal for Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility

(PHNSY & IMF)

1.0 BACKGROUND

1.1 The primary mission of Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY & IMF) is to deliver regional maintenance, at the depot and intermediate levels, to keep the surface ships and submarines of our nation's navy "Fit to Fight." As Hawaii’s regional maintenance center, capabilities include excellence in overhauling, repairing, converting, alteration, refurbishing, and decommissioning of Navy vessels.

2.0 OBJECTIVE & SCOPE

2.1 PHNSY & IMF seeks a contractor that is qualified to perform the dismantling and removal of the three Vertical Turret Lathes (VTL), one computed numerical control (CNC) lathe and two manual lathes. The lathes are located inside building 67. The schedule of the dismantling and removal of the lathes shall be determined by government representative and coordinated with the contractor. The desired result of these services is to clear shop spaces to allow PHNSY & IMF to install new equipment and to use these spaces more effectively. This equipment removal effort is above and beyond the current resource capacity of PHNYS & IMF’s production shops.

3.0 PERFORMANCE REQUIREMENTS

3.1 The contractor shall provide one individual as a Project Manager who is responsible for the planning, scheduling, and managing the execution of work concerning all aspects of this contract. The Project Manager shall coordinate with Code 1121 for physical security requirements and traffic management.

3.2 Prior to commencing work, the contractor shall meet in conference with the government Technical Point of Contact (TPOC), Contracting Officer’s Representative (COR) and necessary support personnel to discuss and develop mutual understandings relative to environmental, safety, schedule, security, and waste management.

3.3 The contractor shall present an Environmental Protection Plan (EPP) as part of the

Contractor’s proposal and bid submittal. Appendices I and II outline the various elements that shall be addressed, including testing the lathes for the presence of hazardous material, including lead and asbestos, and environmental mitigation efforts, including nuisance dust control and other steps to be taken to minimize or prevent damage to adjoining structures, on-going PHNSY & IMF operations and injury to personnel working in the vicinity. Once accepted by the Government, the EPP shall become an integral part of the requirements of this PWS.

3.3.1 Environmental /Safety compliance: The Government will monitor the Contractor, to ensure that the Contractor’s EPP is being followed. TPOC and COR retain the right to stop the Contractor from performing any work that violates environmental and safety regulations; the Contractor shall be in compliance prior to re-commencing the work.

3.4 A preliminary Plan of Action (POA) plan must be submitted prior to commencing.

This plan will highlight disassembly plans for the equipment items to be disassembled, packaged, staged, and relocated, under this specification during the contract period of performance. The POA shall be submitted in a PDF format within ten (10) business days after the contract is awarded. The POA will be reviewed and approved by the government.

3.5 The contractor shall provide a Safety Plan covering all aspects of safety for this project. The safety plan shall be approved by the government prior to commencement of work. All work performed shall be in accordance with applicable Federal, State of Hawaii and OSHA requirements. Refer to Appendix I for guidance regarding safety.

3.6 All hot work must comply with NFPA 51B Standard for Fire Prevention during Welding, Cutting and other Hot Work. The contractor shall submit a Hot Work Checklist and Permit to Federal Fire Department Hawaii Permit Authorized Individual no later than seven (7) working days prior to hot work being performed. See Attachment I.

3.7 The contractor shall provide all material handling and lifting equipment, rigging support services, and other support equipment (such as forklifts, Bobcats, man-lifts, etc.) necessary for continuous support and shall provide qualified personnel to operate it. The contractor shall comply with PHNSY crane requirements per Appendix V.

3.8 The contractor shall be responsible for the dismantling and removal of the industrial plant equipment listed below.

a. The contractor shall remove all equipment, all associated peripherals (platforms, pumps, motors, tanks, coolant system, filtration system, machinery control cabinets, machine control hardware, etc.)

and all utility infrastructure (pipe, conduit, cable, wiring, electrical cabinets, transformers, etc.)

between the equipment and its primary isolation or disconnect.

b. All conduit and piping shall be capped at the isolation or disconnect point.

c. Ensure equipment and all disassembled components are free of loose debris, oil and grease and no free liquids are present.

d. Peripheral equipment, piping runs, and other utility infrastructure located in service trenches or underneath steel plate flooring shall be removed and packaged for transport from the shop to a PHNSY approved holding area outside of the CIA.

e. Removal of leveling compound (grout) during the equipment disassembly process may be required to break the equipment free from the foundation. All debris generated during the process shall be removed and packaged for transport from the shop to a PHNSY approved holding area outside of the CIA.

f. Steel bolts/anchors protruding from the foundation will be cut as close to the foundation as reasonably possible.

g. Provide dunnage and/or pallets adequate for transportation and offloading at Government approved holding area outside the Controlled Industrial Area (CIA).

3.9 Itemized list of industrial equipment to be dismantled and removed:

Description of Equipment to be dismantled and removed

Physical Characteristics Equipment Specific Disassembly and Packaging Requirements

1 Manufacture: Giddings & Lewis Inc.

Description: CNC lathe, vertical turret Serial Number: 51233493 Model Number: 48 VTC Location: Building 67, Pillar I-7

LIVE SPINDLE VERTICAL RAM,

LINEAR AXIS FEED DRIVE

MECHANISM

Equipment Characteristics Length / Width / Height 25 ft. x 12 ft. x 18 ft.*

Weight estimated to be at least 64,000* pounds

*Values are approximations made by the Government, and should not be assumed to be accurate.

- Equipment has been drained of fluids but there may be residual fluids in the lines.

- Power has been disconnected.

Manufacture: WCI MACHINE TOOLS

& SYSTEMS CO.

Description: Manual lathe boring machine, turning, vertical turret type Serial Number: 32645 Model Number: 36” Dynatrol Location: Building 67, Pillar J-5

TURRET AND SIDE HEAD TYPE,

SEMI-AUTOMATIC OPERTAED, 36

DIAMETER TABLE, 2 HEADS:1 TUR,

1 SIDE.

Equipment Characteristics

13 ft. x 18 ft. x 14 ft.*

43,500* pounds assumed to be accurate.

- Equipment has been drained

Manufacture: Bourn & Koch Inc Description: Vertical Turret Lathe Serial Number: 32667 Model Number: 46” Dynatrol Location: Building 67, Pillar I-5

TURRET AND SIDE HEAD TYPE,

SEMI-AUTOMATIC OPERTAED, 46

DIAMETER TABLE, 2 HEADS:1 TUR,

1 SIDE.

Equipment Characteristics

13 ft. x 18 ft. x 14 ft.*

44,350* pounds assumed to be accurate.

- Equipment has been drained

3.10 The contractor shall remove all machine components and scrap materials generated from the dismantling of the equipment in the work site area. The contractor shall transport the machine components and scrap materials on pallets or dunnage from the shop to a PHNSY approved holding area outside of the CIA that is located approximately 1-mile from the shop. Disassembled machine components and scrap materials must not exceed a weight of 7.5 tons and dimensions of 5’ x 6’. Rags, paper and other debris generated shall also be removed and the work site shall be returned to a clean and orderly state.

4.0 SERVICE DELIVERY SUMMARY

Performance Requirement Reference Performance Threshold

1. Provide a Project Manager. Paragraph 3.1 100% delivery and compliance.

2. Follow the Environmental Protection Plan (EPP) in all operations associated with this PWS.

Paragraph 3.3 100% delivery and compliance.

3. Provide Plan of Action (POA) within ten (10) business days after the contract is awarded

Paragraph 3.4 100% delivery and compliance.

4. Provide Safety Plan Paragraph 3.5 100% delivery and compliance.

5. Provide Hot Work Checklist and Permit to Federal Fire Department Hawaii.

Paragraph 3.6 100% delivery and compliance.

6. Completely remove and transport items listed in the PWS.

Paragraph 3.8, 3.9 and 3.10

100% delivery and compliance.

7. Perform clean-up and prepare site as specified in the PWS.

Paragraph 3.10 100% delivery and compliance.

8. Provide Contractor Crane Entry Package to NAVFAC and Code 740.

NAVFAC P-307

MANAGEMENT

OF WEIGHT

HANDLING

EQUIPMENT

Appendix IV

100% delivery and compliance.

5.0 QUALITY ASSURANCE

5.1 The contractor shall develop a Quality Control Plan (QCP) and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's QCP is the means by which the contractor assures that work complies with the requirement of the contract.

5.2 The contractor shall maintain records of reviews and actions taken per the QCP, and shall make such records available to the government upon request.

5.3 Periodic Progress Meetings: The contractor agrees to attend any progress meetings during the contract period of performance. The government TPOC and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings the TPOC will apprise the contractor of how the government views the contractor’s performance and the contractor will notify the government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

6.0 GOVERNMENT PROVIDED SERVICES

6.1 The government will provide laydown space for the purpose of staging disassembled equipment, equipment components, peripherals and utility infrastructure.

7.0 GOVERNMENT FURNISHED PROPERTY

Line Item Name Item Description DPAS ID MFR’s Cage S/N # Model #

Item # Code

1 Giddings & Lewis Inc CNC Lathe

Live spindle vertical RAM, linear axis feed drive mechanism

32253P7686 32850 51233493 48 VTC

2 WCI Machine Tools and

MachineCo.

Manual Lathe

Turret and side head type, semi-automatic operated, 36 diameter table

32253P0923 09728 32645 36” Dynatrol

3 Bourn & Koch Inc Manual Lathe

Turret and side head type, semi-automatic operated, 46 diameter table

32253P0924 64852 32667 46” Dynatrol

8.0 CONTRACTOR QUALIFICATIONS

8.1 The contractor shall provide trained personnel fully capable of providing the deliverables requested and have the knowledge, skills, and expertise to meet the requirements specified in this

PWS.

8.2 Contractor shall comply with Safety and Health work practices specified in APPENDIX I.

8.3 Contractor shall comply with environmental guidelines specified in APPENDIX II.

8.4 The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management. The contractor must maintain continuity between TPOC and the COR. The project manager shall be responsible for the performance and quality of meeting the requirements of this PWS. The project manager or alternate shall have full authority to act on behalf of the contractor on all contract matters relating to operations of this contract.

9.0 SECURITY REQUIREMENTS

9.2 The contractor shall pass a background check to gain access into PHNSY & IMF. The contractor’s employees must be U.S. Citizens and registered with the Defense Biometric Identification System (DBIDS). The contractor shall coordinate with the TPOC or COR to obtain a gate pass at Building 3455 Pass Office. Only those individuals with favorable investigations shall be utilized on this contract. Contractor will coordinate with building 3455 Pass Office or government designee in the completion of current form SECNAV 5512/1.

9.3 Contractor personnel must meet the requirements for a “green” unescorted badge for access to areas requiring services related to this contract. Contractor will coordinate with PHNSY Security Office or government designee at building 207 in the completion of Visit Request for Pearl Harbor Naval Shipyard current form PH-SYD 5512/28.

9.4 Security Requirements: This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). Contractor shall comply with Security requirements specified in Appendix III.

9.5 Should contractor personnel receive or suspect they have learned classified information beyond their level of clearance, the contractor shall identify and immediately report suspicions to the COR.

10.0 CONTRACTOR PERSONNEL

10.1 The contractor shall furnish sufficient personnel to perform all work specified within this performance work statement. Contractor is required to comply with Public Law 105-270, Section 5(2)

(A). This law states that contractors will not perform inherently governmental functions. Section 5(2)(A) of this Public Law defines the term “inherently governmental function” as “a function that is so intimately related to the public interest as to require performance by Federal Government employees.” Per Section 5(2) (B), inherently governmental functions include management of Government programs requiring value judgments, conduct of foreign relations, selection of program priorities, and the direction of intelligence and counter-intelligence operations. Per Section 5(2) (C), inherent governmental functions DO NOT include, (i) gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials; or (ii) any function that is primarily ministerial and internal in nature.”

10.2 Contractor personnel shall not establish an employee-employer relationship with Government personnel under this contract.

10.3 The contractor shall not provide personal services.

10.4 Contractor personnel shall make clear to all individuals they engage with that they are contractor employees and not Government employees. When participating and introducing themselves during official events wherein Government, non-Government, or foreign personnel are present, contractor personnel shall identify themselves as employees of the contractor. Contractor personnel must be clearly identified (i.e. company shirt, pin, visible company ID, etc.) in a visible location as to who their employer is.

10.5 Contractor personnel shall not manage, supervise, or task Government employees or military personnel. Contractor personnel may not make any commitment to non-Government personnel, including a foreign official, which commits the expenditure of U.S. Government resources.

10.6 Facilities may close due to local or national emergencies, administrative closings, or other

Government directed facility closings. Contractor access to Government facilities during closures is not permitted.

11.0 PLACE OF PERFORMANCE

10.1 The place of performance shall be on-site at Pearl Harbor Naval Shipyard Building 67, in the

CIA.

12.0 HOURS OF OPERATION

12.1 First shift working hours are from 0630 to 1500 hours, daily Monday through Friday, excluding Federal Holidays. The contractor may request working outside the regular hours, but approval is not guaranteed.

12.2 If the Federal holiday falls on a Saturday, the holiday is observed on the preceding Friday. If the

Federal holiday falls on a Sunday, the holiday is observed on the following Monday.

New Year’s Day 1st of January Dr. Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day 4th or 5th Monday in May Juneteenth 3rd Saturday in June Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day 11th of November

N3225324Q0043

Thanksgiving Day 4th Thursday in November Christmas Day 25th of December

13.0 ATTACHMENTS – APPENDICES

APPENDIX I Safety and Health Work Practices PHNSY & IMF (revised May 27, 2020)

APPENDIX II Environmental Protection Guidelines for Contractors on Facilities Projects at Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (revised October 16, 2019)

APPENDIX III Contractor Security Requirements for Pearl Harbor Naval Shipyard &

IMF’s Controlled Industrial area, Controlled Nuclear Information Areas, Nuclear Work Areas and /or other sensitive areas, (revised June 2021)

APPENDIX IV NAVFAC P-307 Management of Weight Handling Equipment (July 19 2019) ATTACHMENT I Hot Work Checklist and Permit

ADDITIONAL ATTACHMENTS:

Attachment 1 – Hot Work Checklist and Permit

Attachment 2 – PHNSY & IMF - OPSEC Contract Requirements

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-5 Authorized Deviations In Provisions NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

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

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

ADDENDUM TO FAR 52.212-1

1. All firms or individuals responding must be registered with the System for Award Management (SAM) (https://www.sam.gov) by the award date. The solicitation document and incorporated provisions and clauses will be those in effect through Federal Acquisition Circular (FAC 2024-04), DFARS (03/26/2024), and NMCARS(18-22).

2. Technical Approach: In order to evaluate Technical Capability, the Offeror is required to submit a detailed written technical proposal. Please submit a technical proposal (not to exceed 5 pages) that clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS and solicitation requirements. The proposal must contain sufficient details so that it may be evaluated in accordance with the PWS and comply with the period of performance set forth in the solicitation.

3. On page 1 of the solicitation document (Standard Form 1449), fill out box 17a. to include Contractor name, address, telephone number, and CAGE Code.

4. On page 3 of solicitation document, fill out the unit price and total amount for CLIN.

5. Include an itemize price quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the solicitation. Travel costs including airfare, lodging, rental car, per diem, shall be included. Travel shall be in accordance with current Department of Defense (DoD) Joint Travel Regulations and Federal Acquisition Regulations (FAR) 31.204-46.

6. All quotation submissions need to include completion of FAR 52.204-24, 52.204-26, and 52.212-3

ADDENDUM TO FAR 52.212-2

1. EVALUATION

a. Basis for Contract Award

This evaluation is conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and the Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically at the Federal Acquisition Regulation website, https://www.acquisition.gov/. A contract may be awarded to the contractor who is deemed responsible IAW FAR 9.1, whose technical approach is deemed acceptable IAW the solicitation, and whose price is determined fair and reasonable.

Factor 1 – Technical Capability. Technical capability will be evaluated by Table 1 – Technical Ratings table below. If the offeror is deemed Unacceptable, then the price factor will not be evaluated.

TABLE 1- TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable Quote meets the requirements of the solicitation and clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing the PWS.

Unacceptable Quote does not meet the requirements of the solicitation or does not clearly demonstrate thorough knowledge and understanding of, and approach to, accomplishing the PWS.

Factor 2 – Price. Those offerors with a technical capability of “Acceptable” will then be evaluated for total price reasonableness in accordance with the FAR. Based on all quotations received, the lowest priced technically acceptable offeror will be selected.

b. Solicitation Requirements, Terms and Conditions

Contractors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the contractor being ineligible for award. Contractors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business 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.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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"--

(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 (SDVOSB) concern" means a small business concern—

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

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

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

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

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

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

"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 and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b) (1) 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 Products and Commercial Services, 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It […