70Z04024QSBPL0015_0_US.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

70Z04024QSBPL0015

TABLE OF CONTENTS:

Section II: Continuation of SF1449 Section III: Contract Clauses Section IV: List of Documents, Exhibits, and other Attachments Section V: Solicitation Provisions

Section II: Continuation of SF1449

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 USCG ANT COLFAX (643503) 0

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Purchase Requisitions

IDC Type: Not Applicable FSC Codes: U099 EDUCATION/TRAINING- OTHER NAICS Code: 541330 Engineering Services

Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

4/9/24 10/8/24

Section III: Contract Clauses

Clauses incorporated by reference

Article Number Reference Text

52.246-16 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

52.202-1 52.202-1 DEFINITIONS (JUN 2020)

52.203-6 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN

2020)

52.203-17 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.204-10 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

52.204-19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.212-4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

52.212-5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(FEB 2024)

52.219-6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

52.219-28 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (FEB 2024)

52.222-3 52.222-3 CONVICT LABOR (JUNE 2003)

52.222-19 52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (FEB

2024)

52.222-21 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-37 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

52.222-40 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

52.222-50 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)

52.223-3 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

52.223-18 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (JUN 2020)

52.225-13 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.232-1 52.232-1 PAYMENTS (APR 1984)

52.232-25 52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.233-3 52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.245-1 52.245-1 GOVERNMENT PROPERTY (SEP 2021)

52.245-9 52.245-9 USE AND CHARGES (APR 2012)

52.204-23 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC

2023)

52.204-25 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

Clauses incorporated by full text

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (JULY 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

_________ 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

_________ 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

_________ 3052.247-70 F.o.B. Origin Information.

_________ Alternate I

_________ Alternate II

_________ 3052.247-71 F.o.B. Origin Only.

_________ 3052.247-72 F.o.B. Destination Only.

(b) Clauses.

_________ 3052.203-70 Instructions for Contractor Disclosure of Violations.

_________ 3052.204–71 Contractor Employee Access.

_________ Alternate I

_________ Alternate II

_________ 3052.204–72 Safeguarding of Controlled Unclassified Information.

_________ Alternate I

_________ 3052.204–73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents."

_________ 3052.205-70 Advertisement, Publicizing Awards, and Releases.

_________ Alternate I

_________ 3052.209-72 Organizational Conflicts of Interest.

_________ 3052.209-73 Limitation on Future Contracting.

_________ 3052.215-70 Key Personnel or Facilities.

_________ 3052.216-71 Determination of Award Fee.

_________ 3052.216-72 Performance Evaluation Plan.

_________ 3052.216-73 Distribution of Award Fee.

_________ 3052.217-91 Performance. (USCG)

_________ 3052.217-92 Inspection and Manner of Doing Work. (USCG)

_________ 3052.217.93 Subcontracts. (USCG)

_________ 3052.217.94 Lay Days. (USCG)

_________ 3052.217-95 Liability and Insurance. (USCG)

_________ 3052.217-96 Title. (USCG)

_________ 3052.217.97 Discharge of Liens. (USCG)

_________ 3052.217-98 Delays. (USCG)

_________ 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

_________ 3052.217-100 Guarantee. (USCG)

_________ 3052.219-71 DHS Mentor Protégé Program.

_________ 3052.228-70 Insurance.

_________ 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

_________ 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

_________ 3052.228.92 Fair Market Value of Aircraft. (USCG)

_________ 3052.228-93 Risk and Indemnities. (USCG)

_________ 3052.236-70 Special Provisions for Work at Operating Airports.

_________ 3052.242-72 Contracting Officer's Representative.

(End of clause)

3052.217-100 GUARANTEE (JUN 2006)

(a) In the event any work performed or materials furnished by the contractor prove defective or deficient within 60 days from the date of redelivery of the vessel(s), the Contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.

(b) If the Contractor or any subcontractor has a guarantee for work performed or materials furnished that exceeds the 60 day period, the Government shall be entitled to rely upon the longer guarantee until its expiration.

(c) With respect to any individual work item identified as incomplete at the time of redelivery of the vessel(s), the guarantee period shall run from the date the item is completed.

(d) If practicable, the Government shall give the Contractor an opportunity to correct the deficiency.

(1) If the Contracting Officer determines it is not practicable or is otherwise not advisable to return the vessel(s) to the Contractor, or the Contractor fails to proceed with the repairs promptly, the Contracting Officer may direct that the repairs be performed elsewhere, at the Contractor's expense.

(2) If correction and repairs are performed by other than the Contractor, the Contracting Officer may discharge the Contractor's liability by making an equitable deduction in the price of the contract.

(e) The Contractor's liability shall extend for an additional 60-day guarantee period on those defects or deficiencies that the Contractor corrected.

(f) At the option of the Contracting officer, defects and deficiencies may be left uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.

52.212-4 Language for Solicitations_643503 52.212-2: As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government intends to award one (1) firm-fixed price (FFP) contract award resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation offers the best value to the Government using the lowest price technically acceptable approach. The following factors shall be used to evaluate offers:

- Factor 1 – Technical Capability

Offerors shall demonstrate an understanding of the requirements as described in the specification and shall include sufficient documentation to provide evidence of that understanding, to include written summary and confirmation that items provided are in accordance with the specifications, drawings, photos, warranty information to meet the specifications and the RFQ.

The Government will evaluate the technical factor for technical acceptability ONLY, which includes: 1) meeting the minimum requirements of the specification. Any response that does not provide this information may be considered non-responsive and be removed from further consideration for award.

The following adjectival ratings will be assigned to the technical factor:

RATING DESCRIPTION:

ADJECTIVAL RATING

DESCRIPTION

Acceptable

Proposal meets the requirements of the solicitation and specification.

Unacceptable

Proposal does not meet the requirements of the

Solicitation and specification.

Additionally,

(1) The Defense Priorities and Allocations System doesn't apply to this procurement.

(2) Offerors shall submit quotes as follows –

Vendors shall submit an electronic copy of your firm's quotation to Regina Elliott-Dougherty at Regina.ElliottDougherty@uscg.mil no later than 26 MARCH 2024, at 2:00pm (EST). All submissions shall include 70Z04024QSBPL0015 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation.

NOTE: Any vendor who is interested in submitting a quote but cannot meet the required performance period is encouraged to submit a quote and propose an alternate performance period.

REQUIRED DOCUMENTS:

Each offeror shall furnish the information required by the solicitation, which includes:

1. SF1449 completed and signed with total proposal amount. The total proposal amount will include Definite line items and Option Line items. Any amendments associated with the solicitation must be signed as well.

2. Schedule of Supplies and Services:

a.) To be filled out with a cost associated for each Definite CLIN and Option(s) CLIN with an overall total submitted on an Excel spreadsheet.

3. Past Performance Documentation- (Attachment: Past Performance Questionnaire)

4. Small Business Self Certification for applicable set-aside (i.e. HUBZone, Small Business, SDVOSB, 8(a))

5. Welding Certifications and Procedures

6. Proof of Insurance (Statement of Coverage from current Insurance carrier)

7. SFLC STD SPEC 8634B CG Approved Drydock Certification, Travel Lift Certification or Drydock Cradle (if applicable) Certification or TS-997

8. AMPP Senior Inspector, NACE Level 3 or QP-1 Certification.

9. Planning Document

10. SAM UEI (GSA provided 15 character (letters and numbers) identifier SAM.gov) and Tax Identification Number (TIN).

11. A completed copy of the provision of 52.212-3, Offeror Representations and Certifications – Commercial Items (FEB 2021).

NOTE:

12. In the event that the vendor providing the quote is OUTSIDE of 350 nautical miles (403 statute) miles as determined by the government:

The contractor will include the following in their proposal:

1.) Planning document(s) (will include routes travelling, coordination made with city, state, federal transportation agencies)

2.) Foreseeable costs (Crane rental, transportation to and from the vendor's facility and all applicable insurance) will be added to the pricing and will be an economic consideration for award.

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED

INCOMPLETE AND MAY NOT BE CONSIDERED.

ANTICIPATED AWARD DATE.

The contract is expected to be awarded on or about, 03 APRIL2024. Subject to the Availability of Funds.

70Z04024QSBPL0015 USCG ANT COLFAX (643503) FY2024 DRYDOCK REPAIRS.

(xvi) Please email to request CD drawings referenced in specification. Please indicate where you would like the drawings sent in your email. Currently all drawings are being submitted via e-mail. Please provide a valid e-mail address. Requests for drawings shall be received no later than 20 MARCH2024 at 2:00pm Eastern Standard Time.

Instructions to access information marked as Critical Technology

All interested vendors planning to submit proposals for 70Z04024QSBPL0015 must register or be currently actively registered with the US Defense Logistics Agency in the Joint Certification Program (JCP) to gain access to USCG drawings.

REQUEST FOR DRAWINGS: The last day to request drawings regarding this solicitation is 20 MARCH 2024 2:00pm EST.

After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contract Specialist. All requests should identify the solicitation number. Some references listed in the Specification, under "Consolidated List of References," are subject to Export Control limitations or have otherwise restricted distribution and have been deemed "limited access" and "export controlled" packages. In order to access these documents, vendors must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those vendors that have current certification by JCP will be able to be granted explicit access to these packages by the USCG.

Note: Once registration has been accomplished, please provide proof of registration to Regina Elliott-Dougherty email:

Regina.ElliottDougherty@uscg.mil, and that information will be forwarded to the CG's Publication Production & Distribution Section Technical Information Management Branch (TIMB). Once TIMB confirm registration, there will be a PIN provided to Regina Elliott-Dougherty and issued to each of the vendor's POC/s. This PIN will be used to access References found under the Spec/SOW, Consolidated List of References

Any Contractor's Requests for Clarifications shall be answered via amendment to the solicitation and shall be received no later than 21 MARCH 2024 at 2:00 p.m. Eastern Standard Time. The closing date and time for receipt of quote is 26 March 2024 at 2:00 p.m. Eastern Standard Time. All quotes shall be submitted via email to Regina Elliott- Dougherty at Regina.ElliottDougherty@uscg.mil. An offeror not able to submit their quote via email must notify the Contract Specialist via e-mail Regina.ElliottDougherty@uscg.mil 48 hours prior to the closing date and time specified in this solicitation. The solicitation closing date and time will not be extended.

Offerors may contact Regina Elliott-Dougherty via Regina.ElliottDougherty@uscg.mil for information regarding this solicitation.

- Factor 2 – Price

2.) Vendor's price shall represent the best price in response to the RFQ. The price shall be evaluated to determine fairness and reasonableness. Vendors are required to provide prices for all items/CLINs in accordance with the Schedule of Supplies/Services.

2a.) Schedule of Supplies and Services:

a.) To be filled out with a cost associated for each Definite CLIN and Option(s) CLIN with an overall total submitted on an Excel spreadsheet.

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).

2.1 Price Reasonableness

Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information will be required to support the proposed price.

2.2 TOTAL EVALUATED PRICE: The aggregate price determined by totaling the offer price for Definite Items, plus offer price for Option Items, plus foreseeable cost factors. Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness.

Foreseeable cost factors: This work is to be performed within the continental United States, with a USCG provided transit distance no greater than 350 nautical miles / 403 statute miles location other than boat's homeport from the address of 1790 Saturn BLVD. New Orleans, LA 70129 as determined by the government:

1. An ANB's design limits its use to short transits. The asset and unit are not crewed for continuous steaming and is normally limited to daylight transits. Due to crewing and asset employment standards, 6 days transit is the limit of crew endurance under normal operating conditions. 8 hours of transit per day is the planning factor due to crew fatigue. ANB's have a maximum speed of 8 kts, however, environmental factors frequently limit average speed to less than maximum.

2. Foreseeable costs (crew lodging, messing, rental vehicles, fuel, and authorized crew travel in accordance with the Joint Travel Regulations) will be added to the pricing and will be an economic consideration for award."

In the event that the vendor providing the quote is OUTSIDE of 350 nautical miles (403 statute) miles as determined by the government:

The contractor will include the following in their proposal:

a. Planning document(s) (will include routes travelling, coordination made with city, state, federal transportation agencies)

b. Foreseeable costs (Crane rental, transportation to and from the vendor's facility and all applicable insurance) will be added to the pricing and will be an economic consideration for award. The offer will be evaluated to include foreseeable costs as follows:

(A) TRANSPORTATION COST:

(B) PER DIEM COST

(C) OPERATING COST:

Factor 3 - Past Performance

The Government will review the Vendor's Past Performance record in Contractor Performance Assessment Reporting System (CPARS) for those projects that are similar in nature, size and complexity as this requirement, performed or completed within the last two years. Contractor will provide three (3) awarded completed projects that are listed in CPARS for the Government to review.

In addition, the Government will also review responses to past performance questionnaires only if no record of past performance is available in CPARS.

Past Performance refers to the quality of recent project experience from the customer's perspective. The Offeror shall arrange for the reference customer point of contact for two projects to fill out the Past Performance Questionnaire included with this solicitation. Ensure the reference is clearly marked for the applicable Offeror when submitted. The Government will not release the questionnaire forms to the Offeror at any time, in order for the Government to solicit candid, unbiased responses and comments. These references must be relevant to the work which will be performed in this contract. Relevant work is defined as inspection, maintenance, repair/refit, testing, storage, and transportation services as detailed in the Specification.

References must be recent within the past three (3) years.

The Government will evaluate each of the three (3) CPARs records provided by the contractor or in lieu of CPARs record, each PPQ submitted by their customer. CPARs or PPQ ratings of "Satisfactory" or higher will be considered acceptable.

CPARs or PPQ ratings below "Satisfactory" will be considered unacceptable.

The following adjectival ratings will be assigned to the Past Performance:

RATING DESCRIPTION:

ADJECTIVAL RATING

DESCRIPTION

Acceptable

Past Performance record shows that the contractor received a rating of "Satisfactory" or above for each category rated.

Unacceptable

Past Performance record shows that the contractor received a rating below "Satisfactory" in one or more categories of their record, therefore does not meet the requirements.

Technical and past performance, when combined, are equal when compared 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).

(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.

52.219-33 NONMANUFACTURER RULE (SEP 2021)

(a) Definitions. As used in this clause-

Manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item.

Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item.

Nonmanufacturer means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.

(b) Applicability.

(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item.

(2) This clause applies to-

(i) Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the small business concerns identified in 19.000(a)(3);

(ii) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(iii) Orders expected to exceed the simplified acquisition threshold and that are-

(A) Set aside for small business under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(B) Issued directly to a small business concern under multiple-award contracts as described in 19.504(c)(1)(ii);

(iv) Orders, regardless of dollar value, that are-

(A) Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(B) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 19.504(c)(1)(ii); and

(v) Contracts using the HUBZone price evaluation preference to award to a HUBZone concern unless the Contractor waived the evaluation preference.

(c) Requirements.

(1) The Contractor shall-

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph (c)(2) of this clause instead;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(a)Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.

Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.225-8 DUTY-FREE ENTRY (OCT 2010)

(a) Definition. "Customs territory of the United States" means the States, the District of Columbia, and Puerto Rico.

(b) Except as otherwise approved by the Contracting Officer, the Contractor shall not include in the contract price any amount for duties on supplies specifically identified in the Schedule to be accorded duty-free entry.

(c) Except as provided in paragraph (d) of this clause or elsewhere in this contract, the following procedures apply to supplies not identified in the Schedule to be accorded duty-free entry:

(1) The Contractor shall notify the Contracting Officer in writing of any purchase of foreign supplies (including, without limitation, raw materials, components, and intermediate assemblies) in excess of $15,000 that are to be imported into the customs territory of the United States for delivery to the Government under this contract, either as end products or for incorporation into end products. The Contractor shall furnish the notice to the Contracting Officer at least 20 calendar days before the importation. The notice shall identify the-

(i) Foreign supplies;

(ii) Estimated amount of duty; and

(iii) Country of origin.

(2) The Contracting Officer will determine whether any of these supplies should be accorded duty-free entry and will notify the Contractor within 10 calendar days after receipt of the Contractor's notification.

(3) Except as otherwise approved by the Contracting Officer, the contract price shall be reduced by (or the allowable cost shall not include) the amount of duty that would be payable if the supplies were not entered duty-free.

(d) The Contractor is not required to provide the notification under paragraph (c) of this clause for purchases of foreign supplies if-

(1) The supplies are identical in nature to items purchased by the Contractor or any subcontractor in connection with its commercial business; and

(2) Segregation of these supplies to ensure use only on Government contracts containing duty-free entry provisions is not economical or feasible.

(e) The Contractor shall claim duty-free entry only for supplies to be delivered to the Government under this contract, either as end products or incorporated into end products, and shall pay duty on supplies, or any portion of them, other than scrap, salvage, or competitive sale authorized by the Contracting Officer, diverted to nongovernmental use.

(f) The Government will execute any required duty-free entry certificates for supplies to be accorded duty-free entry and will assist the Contractor in obtaining duty-free entry for these supplies.

(g) Shipping documents for supplies to be accorded duty-free entry shall consign the shipments to the contracting agency in care of the Contractor and shall include the-

(1) Delivery address of the Contractor (or contracting agency, if appropriate);

(2) Government prime contract number;

(3) Identification of carrier;

(4) Notation "UNITED STATES GOVERNMENT, _________ [agency] , Duty-free entry to be claimed pursuant to Item No(s) _________ [from Tariff Schedules] _________, Harmonized Tariff Schedules of the United States. Upon arrival of shipment at port of entry, District Director of Customs, please release shipment under 19 CFR Part 142 and notify [cognizant contract administration office] for execution of Customs Forms 7501 and 7501-A and any required duty-free entry certificates.";

(5) Gross weight in pounds (if freight is based on space tonnage, state cubic feet in addition to gross shipping weight); and

(6) Estimated value in United States dollars.

(h) The Contractor shall instruct the foreign supplier to-

(1) Consign the shipment as specified in paragraph (g) of this clause;

(2) Mark all packages with the words "UNITED STATES GOVERNMENT" and the title of the contracting agency; and

(3) Include with the shipment at least two copies of the bill of lading (or other shipping document) for use by the District Director of Customs at the port of entry.

(i) The Contractor shall provide written notice to the cognizant contract administration office immediately after notification by the Contracting Officer that duty-free entry will be accorded foreign supplies or, for duty-free supplies identified in the Schedule, upon award by the Contractor to the overseas supplier. The notice shall identify the-

(1) Foreign supplies;

(2) Country of origin;

(3) Contract number; and

(4) Scheduled delivery date(s).

(j) The Contractor shall include the substance of this clause in any subcontract if-

(1) Supplies identified in the Schedule to be accorded duty-free entry will be imported into the customs territory of the United States; or

(2) Other foreign supplies in excess of $15,000 may be imported into the customs territory of the United States.

52.242-2 PRODUCTION PROGRESS REPORTS (APR 1991)

(a) The Contractor shall prepare and submit to the Contracting Officer the production progress reports specified in the contract Schedule.

(b) During any delay in furnishing a production progress report required under this contract, the Contracting Officer may withhold from payment an amount not exceeding $25,000 or 5 percent of the amount of this contract, whichever is less.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

52.204-23 (DEVIATION) PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(DEVIATION 2020-05)

(a) Definitions. As used in this clause—

"Covered article" means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 (DEVIATION) PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 2020-05)(DEC 2020)

(a)Definitions. As used in this clause—

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

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

"Covered telecommunications equipment or services" means–

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

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

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

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

"Critical technology" means–

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

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

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

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

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

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

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

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

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

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

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

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

(b)Prohibition.

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

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

FAR 4.2104.

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

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

(c)Exceptions. This clause does not prohibit contractors from providing—

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

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

(d)Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and mailto:NDAA_Incidents@hq.dhs.gov

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

Section IV: List of Documents, Exhibits, and other Attachments

File Attachments:

Title Description File Name Entity Reference 643503 Additional Contract requirements

643503 Additional Contract requirements

643503- Additional Contract requirements.pdf

Header

643503 PPQ 643503 PPQ 643503 PPQ-.pdf Header SPEC 643503 SPEC 643503 -643503 SPEC.pdf Header 643503 Schedule of Supplies and Services

643503 Schedule of Supplies and Services

Schedule of Supplies and Services 643503-.pdf

Header

Section V: Solicitation Provisions

Clauses incorporated by reference

Article Number Reference Text

52.209-2 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION (NOV 2015)

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

52.225-25 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND

CERTIFICATIONS (JUN 2020)

52.204-6 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.215-20 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR

INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021)

52.222-56 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (OCT 2020)

52.232-13 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

52.217-5 52.217-5 EVALUATION OF OPTIONS (JULY 1990)

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 or Commercial Services.