C01 - N0016724Q0205.pdf

N0016724Q0205

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal

Acquisition Regulation (FAR) Subpart 12.6, in conjunction with FAR Part 13, as supplemented with additional information included in this notice. Naval Surface Warfare Center Carderock Division

(NSWCCD) intends to award a firm fixed price (FFP) purchase order using Simplified Acquisition

Procedures for Water Testing that meets the specifications outlined below. The proposed contract action is for commercial services for which the Government intends to solicit as a small business set-aside.

This announcement constitutes the only solicitation and a written solicitation will not be issued. Quotes are being requested under Request for Quotation (RFQ) no. N00167-24-Q-0205. The NAICS code is

541380. and the small business size standard is $19 millions of dollars.

The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the Federal Acquisition Circular (FAC). This RFQ incorporates all provisions and clauses in effect through FAC 2024-05 and the Defense Federal Acquisition Regulation Supplement (DFARS)

DPN 05/30/2024. Shipping term shall be FOB Destination.

See attached solicitation for a list of line item number(s) and items, quantities, and units of measure, clauses and provisions including the provision at 52.212-1, Instructions to Offerors-Commercial

Products and Commercial Services, the provision at 52.212-2, Evaluation-Commercial

Products and Commercial Services which includes the specific evaluation criteria, the clause at 52.212-

4, Contract Terms and Conditions-Commercial Products and Commercial Services and the clause at

52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-

Commercial Products and Commercial Services, applies to this acquisition.

Additionally, include a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Products and Commercial Services, with your quote IF your company does not have the Representations and Certifications completed in SAM.gov.

The Government will award a contract resulting from this solicitation to the responsible quoter whose quote, conforming to the solicitation that will be most advantageous to the Government, price and other factors considered. The Government intends to evaluate all timely quotes received from eligible quoters on a lowest price technically acceptable (LPTA) basis. The Government intends to evaluate quotations and award a contract without discussions with quoters.

QUESTIONS: Offerors may submit their questions regarding clarification of solicitation requirements to Brittany Tavassoli by email at brittany.b.tavassoli.civ@us.navy.mil no later than 10:00 AM EST on

09 JULY 2024. Any questions received after this deadline may not be answered. Questions received by the deadline will be answered in an amendment to the solicitation.

Quote packages are due by 11 JULY 2024 at 10:00 AM EST. Late quotes will not be considered.

Quote packages shall be sent to brittany.b.tavassoli.civ@us.navy.mil and contain a cover sheet that provides the following information:

a) Official Company Name;

b) Point of contact including name and phone number; and

c) Cage Code number.

To be considered for this opportunity, all quotes shall be submitted in either Microsoft Word, Excel spreadsheet or Adobe PDF. Quote must include price(s), FOB Destination, a point of contact, name and phone number, business size, and cage code. An award will be made based on Lowest Price

Technically Acceptable (LPTA). Each quote must clearly indicate the capability of the vendor to meet all specifications and requirements in the SOW. Responses to this solicitation are due by 10:00 AM https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_212_3

EST on 11 JULY 2024. Email quotes to Brittany Tavassoli, at brittany.b.tavassoli.civ@us.navy.mil.

Quotes shall be valid for sixty (60) days (at minimum).

The Point of Contact for this acquisition is Brittany Tavassoli, at brittany.b.tavassoli.civ@us.navy.mil.

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 CDRL A001 02-JUL-2024

Attachment 2 CDRL A002 02-JUL-2024

Attachment 3 CDRL A003 02-JUL-2024

PERFORMANCE WORK STATEMENT

TOTAL TRIHALOMETHANE, HALOACETIC ACIDS NINE, BROMATE AND CHLORITE

DISINFECTION BYPRODUCT ANALYSIS BY EPA 524.2, EPA 552.3 AND EPA 300.1 PROTOCOLS IN

POTABLE WATER SAMPLES

1.0 DESCRIPTION OF SERVICES/INTRODUCTION:

This Performance Work Statement is for a National Environmental Laboratory Accreditation Program (NELAP) certified laboratory to facilitate pick up and transport of potable water samples to the Contractor’s and/or

Subcontractors facility and perform disinfection byproduct (DBP) analyses on the samples using EPA Method

524.2, EPA Method 552.3 and EPA Method 300.1. The laboratory will then collate the data and provide test results.

2.0 BACKGROUND:

NSWCCD, Code 633 conducts Research, Development, Test, and Evaluation (RDT&E) of various potable and non-potable water purification and treatment systems (WPTS). Code 633 conducts evaluations of candidate WPTS technologies in order to determine their ability to meet drinking water or discharge requirements established by the

Department of Defense, the U.S. Navy and the U.S. Environmental Protection Agency (EPA).

To evaluate certain potable WPTS technologies, Code 633 requires disinfection byproduct (DBP) analysis by testing protocols such as EPA 524.2 (GC/MS), EPA 552.3 (GC/ECD), EPA 300.1 (IC) and other water analysis methods.

EPA 524.2 measures the concentration of total trihalomethanes (TTHM) and other volatiles organic compounds in a potable water sample. EPA 552.3 measures the concentration of haloacetic acids 9 (HAA9) and Dalapon. EPA 300.1 measures the concentration of bromate, chlorite and other inorganic ions. These three methods are recognized as approved methods for DBP monitoring per 40 CFR 141 (National Primary Drinking Water Regulations).

3.0 OBJECTIVE:

3.1 The contractor shall provide:

3.1.1 Proof of NELAP certification and any other certification for themselves and/or any

Subcontractor including but not limited to the following items :

3.1.1.1 Date of accreditation

3.1.1.2 Date of expiration (if applicable)

3.1.1.3 National Environmental Laboratory Accreditation Conference (NELAC)

Institute (TNI) Code

3.1.1.4 EPA code (if applicable)

3.1.1.5 State ID (if applicable)

3.1.1.6 Specifying certification to perform EPA 524.2, EPA 552.3, and EPA 300.1

3.1.2 The personnel, services, facilities, transportation, and materials necessary to perform the analyses of potable water samples shown in Table 1. The Contractor must be able to accomplish a minimum of two out of the three methods (e.g. EPA 524.2 and EPA 552.3 or EPA 524.2 and EPA 300.1). The Contractor may subcontract out a maximum of one analysis method to another NELAP certified laboratory to complete the respective analysis and provide to NSWCCD the items specified in 3.1.1. If the contractor does utilize a subcontractor to complete the work, they will facilitate the transportation of the samples to the subcontracted laboratory in a timely manner. The subcontractor must provide the personnel, services, facilities, and materials necessary to perform the analyses of the potable water samples shown in Table 1.

Table 1: Estimated Number of Samples Required for Each Analytical Method

Analytical Method Total Samples within 1 Year

EPA 524.2 45

EPA 552.3 45

EPA 300.1 (Bromate) 45

EPA 300.1 (Chlorite) 45

EPA 300.1 (Chlorate) 45

Any Other Method/Check Completed

Concurrently with Respective analysis (e.g., pH check or headspace check)

3.1.3 The required bottles, reagents, preservatives, labels and any other materials necessary for each of the samples listed in Table 1.

3.1.4 Internal laboratory quality control data required for use with the specified protocol upon request by NSWCCD Code 633. This data will help verify the Contractor and/or

Subcontractors DBP analysis results. In addition, the Contractor and/or Subcontractor’s services may be evaluated on the basis of periodic quality control samples that Code 633 prepares and provides to the Contractor and/or Subcontractor to analyze.

3.1.5 A technical report describing results of analyses performed. If a subcontractor is used, they shall provide a technical report describing results of analyses performed.

3.2 The contractor shall accomplish:

3.2.1 Analyses of a minimum of two out of three methods (e.g. EPA 524.2 and EPA 552.3 or

EPA 524.2 and EPA 300.1) and complete a technical report within 14 business days upon collection of potable water samples from NSWCCD. The Contractor may subcontract out a maximum of one analysis method to another NELAP certified laboratory to accomplish the remaining analysis. The Subcontractor shall complete the analysis and a technical report within 14 business days upon the contractor’s collection of potable water samples from NSWCCD.

4.0 SPECIAL QUALIFICATIONS:

4.1 N/A

5.0 APPLICABLE DOCUMENTS

Document

Type No./Version Title Date

EPA Method 524.2 Rev 4.1

MEASUREMENT OF PURGEABLE ORGANIC

COMPOUNDS IN WATER BY CAPILLARY

COLUMN GAS CHROMATOGRAPHY/MASS

SPECTROMETRY

EPA Method

552.3 Rev 1.0

(EPA 815-B-

03-002)

DETERMINATION OF HALOACETIC ACIDS AND

DALAPON IN DRINKING WATER BY LIQUID-

LIQUID MICROEXTRACTION, DERIVATIZATION,

AND GAS CHROMATOGRAPHY WITH ELECTRON

CAPTURE DETECTION

July 2003

EPA Method 300.1 Rev 1.0

DETERMINATION OF INORGANIC ANIONS IN

DRINKING WATER BY ION CHROMATOGRAPHY

6.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION

6.1 NSWCCD shall provide potable water samples to be analyzed by EPA 524.2, EPA 552.3 and EPA

300.1 or other requested method under delivery orders, as required.

6.2 NSWCCD shall notify the Contractor at least 24 hours in advance of when samples are to be picked up for analysis.

6.3 NSWCCD shall hand off the samples with the Contractor and/or their specified subcontracted courier at the NSWCCD facility.

7.0 DELIVERABLES:

7.1 The contractor shall provide deliverables as described in the PWS and CDRLs. Format and delivery schedule for deliverables will be outlines in the CDRLs.

Number Name

A001 Certification Report

A002 Technical Report

A003 Government Furnished Material

8.0 SECURITY REQUIREMENTS:

All the work under this contract will be UNCLASSIFIED

9.0 POINT OF CONTACT:

TO BE PROVIDED AT TIME OF AWARD.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 45 Each

Forty-five (45) Bromate EPA 300.1 Tests

FFP

Forty-five (45) Bromate EPA 300.1 Tests in accordance with the performance work statement found herein.

FOB: Destination

PURCHASE REQUEST NUMBER: 1301172591

PSC CD: R425

NET AMT

0002 45 Each

Forty-five (45) Chlorate EPA 300.1 Tests

FFP

Forty-five (45) Chlorate EPA 300.1 Tests in accordance with the performance work statement found herein.

FOB: Destination

0003 45 Each

Forty-five (45) Chlorite EPA 300.1 Tests

FFP

Forty-five (45) Chlorite EPA 300.1 Tests in accordance with the performance work statement found herein.

FOB: Destination

0004 45 Each

Forty-five (45) VOC EPA 524.2 Tests

FFP

Forty-five (45) VOC EPA 524.2 Tests in accordance with the performance work statement found herein.

FOB: Destination

0005 45 Each

Forty-five (45) Haloacetic Acids EPA 552

FFP

Forty-five (45) Haloacetic Acids EPA 552 in accordance with the performance work statement found herein.

FOB: Destination

0006 4 Each

Courier Fee (Four (4) pickups

FFP

Courier Fee (Four (4) pickups in accordance with the performance work statement found herein.

FOB: Destination

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

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2024 TO

31-JUL-2025

N/A NAVAL SURFACE WARFARE CENTER

JARED CHURCH

CARDEROCK DIVISION

9500 MACARTHUR BOULEVARD

WEST BETHESDA MD 20817-5700

301-204-1691

FOB: Destination

N00167

0002 POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-14 Service Contract Reporting Requirements OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror 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

52.204-20 Predecessor of Offeror AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered

Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.219-1 Small Business Program Representations FEB 2024

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024

52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.245-1 Government Property SEP 2021

52.245-2 Government Property Installation Operation Services APR 2012

52.245-9 Use And Charges APR 2012

52.246-1 Contractor Inspection Requirements APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

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

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7048 Export-Controlled Items JUN 2013

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7005 Management and Reporting of Government Property JAN 2024

252.246-7008 Sources of Electronic Parts JAN 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.

https://www.sam.gov/

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government intends to award a contract to the responsible quoter who (1) is the Lowest Price Technically

Acceptable quotation, (2) conforms to the solicitation, (3) proposes a price that is fair and reasonable, and (4) will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

Factor 1 Price

Quotes must include a proposed price for each Contract Line Item Number (CLIN). The Government will determine prices to be fair and reasonable in accordance with FAR Part 13.106-3 based on, but limited to, market research, current or previous purchases, prices for similar performance in a related industry, and comparison to an independent Government estimate.

Quoters responding to this solicitation are advised that, prior to award, the Government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

Factor 2 Technical Capability/Approach

The Government will evaluate the Quoter for acceptability of Technical Capability.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical

Capability factor:

1) A quote is deemed acceptable for the Technical Capability factor if it meets all requirements as defined in the solicitation Performance Work Statement (PWS)/Statement of Work (SOW) and/or minimum specifications.

2) Technical Capability/Approach evaluations will result in one of the following ratings:

TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

A quote must be rated "ACCEPTABLE" for the quote to be eligible for award. An "UNACCEPTABLE" rating for

Technical Capability/Approach factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Brittany Tavassoli email at brittany.b.tavassoli.civ@us.navy.mil.

The cut-off date for questions is 10:00 AM EST on 09 JULY 2024.

(b) The Government shall mail or email a written notice of award to the successful quoter. Upon receipt, the quoter shall either commence performance, or have an authorized representative sign the award and return it to the

Contracting Officer; a binding contract is formed upon the earlier of either of those actions.

(c) 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).

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

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (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.

mailto:brittany.b.tavassoli.civ@us.navy.mil

"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 [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

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

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] http://www.sam.gov/

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _________

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end…