C8 - N4523A-25-Q-0300 Combined Synopsis Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

PUGET SOUND NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE

FACILITY (PSNS & IMF)

Solicitation: Non-SUBSAFE Valve Repair

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, using Simplified Procedures for Certain Commercial Items found at FAR 13.5, as supplemented with additional information included in this notice. PSNS & IMF, located in Bremerton, WA, is requesting a proposal from your firm for the requirement listed in the attached Performance Work Statement (PWS). Please submit your proposal, along with the rest of the solicitation requirements in the current solicitation, no later than 7 January 2025 by 1:00 PM Pacific Time via DoDSAFE. Please submit request for DoDSAFE drop-off link via email to Emma Craighead at emma.j.craighead.civ@us.navy.mil, and Bailey Butler at bailey.a.butler2.civ@us.navy.mil, by 7 January 2025 by 10:00 AM Pacific Time. Proposals submitted after solicitation closing will not be considered. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued. Solicitation questions shall be submitted electronically via email to Emma Craighead at emma.j.craighead.civ@us.navy.mil, and Bailey Butler at bailey.a.butler2.civ@us.navy.mil, no later than 10:00 AM Pacific Time on 31 December 2024.

2. Solicitation number N4523A25Q0300 is a Request for Proposal (RFP).

3. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 dated 22 May 2024, and Defense FAR Supplement (DFARS) Change 29 July 2024 with Effective date 29 July 2024.

4. This acquisition is solicited full and open competition without exclusions and only qualified offerors, as defined in the Federal Acquisition Regulations (FAR) 2.101, may submit a proposal. The associated North American Industry Classification (NAICS) code is 811310, with a Small Business Size Standard of $12.5 million in average annual receipts. The Product Service Code (PSC) associated with this requirement is J048, Maintenance, Repair, Rebuild of Equipment – Valves.

5. The Government intends to award an Indefinite Delivery Indefinite Quantity (IDIQ), Multiple Award

Contract (MAC) with Firm-Fixed Priced Task Orders. PSNS&IMF intends to utilize this non-personal service contract to obtain valve refurbishment/repair services supporting projects as required for efforts on submarines.

5.1. See Attachment 1: Performance Work Statement, for a detailed description of the anticipated services.

The Government intends to award firm-fixed price task orders under the IDIQ.

The CLIN consists of:

ITEM NO SUPPLIES/SERVICES MAX QUANTITY UNIT UNIT PRICE MAX NTE

AMOUNT

CLIN 650 Each $5,609,500 EST Number

Non-SUBSAFE Valve Repair Services

FFP

Description: This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for non-SUBSAFE submarine valve refurbishment/repair services. The task orders will be awarded on Firm-Fixed Priced basis. The resulting contract has an estimated value of $5,609,500, or five year ordering period, whichever comes first.

FOB: Destination

PSC CD: J048

6. Delivery shall be FOB Destination. The delivery location information is provided in the PWS. Unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

7. Period of Performance: Remaining IDIQ period, from date of award through IDIQ completion date, 19 December 2026.

8. Mandatory Registration. To be eligible for award, registration with the System for Award Management (SAM) must be current at the time of submitting proposals. This requirement is not waived. To register or apply please visit the SAM website at http://www.sam.gov. If you are not registered, you may request an application at (866) 606-8220 between the hours of 6 am – 8 pm (Eastern Time). The Contracting Officer will verify the Entity’s CAGE code prior to award. Each offeror shall ensure the provision at FAR 52.212-3 including its Alternate I, Offeror Representations and Certifications--Commercial Items (Feb 2021), are updated at www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award.

Please provide the following information, with a copy of provisions in accordance with FAR 52.212-3 including its Alternate I, Offeror Representation and Certifications-Commercial Items.

Name of Business Entity:

Primary Address:

DUNS No.:

CAGE Code:

Federal Tax ID:

Name of Contact:

Phone #:

Email Address:

9. Offerors are notified that initial proposals which are incomplete may be eliminated from further consideration for award. The contractor must meet all requirements of this Request for Proposal.

10. In accordance with FAR subpart 45.201, the offeror shall, contained within their response to this request for (quote/proposal), submit a copy of their internal Government Property Management System Plan to be used in managing Government Property in accordance with FAR 52.245-1.

Failure to provide a Property Management Plan may result in disqualifying the Offeror from further consideration. The Offeror’s submittal should demonstrate their internal controls (control, use, preserve, protect, repair, and maintain) to protect Government property in its possession. The Government will provide Government Property on a rent-free basis in performance of the contract.

The Offeror shall submit its Property Management System in place for the Government’s review to ensure it complies with FAR clause 52.245-1(f). Alternatively, the contractor may provide a confirmation letter of an approved Property Management System from Defense Contract Management Agency (DCMA) and/or any Federal Government agency within the 3 years from solicitation issuance date. The Government will evaluate the Property Management Plan (or confirmation letter) submitted to determine whether it is compliant with FAR 52.245-1. If the Offeror does not have a Property Management System in place, the Government will accept an Offeror’s plan that shows the intent to comply with FAR clause 52.245-1(f). The plan should include a timeline for implementing a formal Property Management System that will be used to manage Government Property in its possession.

The Contracting Officer shall make a determination regarding whether or not the submittal meets the ten

(10) elements of FAR clause 52.245-1(f). If the Contracting Officer's determination is that the submittal does not meet the ten (10) elements of FAR clause 52.245-1(f), the Contracting Officer will notify the contractor at award that they have 30 days to submit a corrective action plan. The corrective action plan shall include a timeline for implementation.

11. FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services (Sep 2023) is incorporated by reference, with the same force and effect as if it were given in full text. All terms and conditions of FAR 52.212-1 remain in effect. The following has been tailored to this procurement and are hereby added via addendum:

11.1. Vendors shall follow the instructions contained herein. The proposal shall respond directly to the requirements of this solicitation. Failure to meet a requirement may result in an offer being ineligible for award.

11.2. Small Business Subcontracting Plan: Applies to "other than small businesses" only. The offeror shall submit a Small Business Subcontracting Plan, as part of their initial proposal. The Subcontracting Plan is not evaluated, but it is a requirement for award to "other than small businesses" and it will be incorporated into any resultant contract. The plan shall contain the elements required by FAR Clause 52.219-9, and NAVSEA text L-219-H001. The plan must be approved by the Contracting Officer and will be incorporated into the contract upon award.

The recommended goals for this acquisition are as follows (based on total proposed subcontracted effort):

5% - Small Disadvantaged Businesses (including ANCs and Indian tribes)

Any questions concerning a particular subcontractor's size status shall be resolved through consultation with the Small Business Administration. If there are no subcontracting opportunities, offeror’s shall provide a written statement, explaining why the goal cannot be included in the plan that shall be approved by the Contracting Officer pending Deputy of Small

Business’ concurrence.

L-219-H001 SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN (NAVSEA) (JAN

2021)

Offeror shall submit as part of its proposal a subcontracting plan in accordance with the clause entitled "Small Business Subcontracting Plan" (FAR 52.219-9). The plan shall include a five percent (5%) goal for small disadvantaged business concerns or a detailed explanation as to why the goal cannot be included in the plan.

(End of Provision)

11.3. Specific Instructions: The response shall consist of one (1) part:

11.4. Part 1- Technical Proposal

The technical proposal shall not exceed 12 single-sided pages, with 12 point font. Up to five (5) additional drawing/diagram pages can be included as required. The technical proposal shall, at a minimum, be prepared in a format consistent with the evaluation criteria for award set forth in the addendum to FAR clause 52.212-2 of this solicitation.

The proposal shall not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements.

Statements that the Offeror understands, can, or will comply with the PWS (including referenced publications, technical data); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data); and phrases such as “standard procedures employed” or “well known techniques used,” will be considered unacceptable.

11.4.1. The Technical Proposal must include the following at a minimum.

Experience

The Government requires contractors capable of performing a variety of different refurbishment/repair processes expected under this contract. The Contractor must be capable of handling multiple task orders simultaneously that are comparable in magnitude of refurbishment/repair of what is expected under this contract. The purpose is to demonstrate the Offeror’s experience completing multiple projects with concurrent periods of performances utilizing multiple repair processes.

11.4.2. The Offeror, or offering entity in the case of joint venture, shall provide evidence of three

(3) relevant contracts, projects, or task orders completed within the past three (3) years from the issuance date of this RFP. If more than five (5) projects are submitted only the first five (5) projects will be evaluated. Projects shall demonstrate contract complexity by submitting projects that perform the refurbishment or repair practices as follows:

- Welding and machining of Bronze, Copper Nickel, Steel and Inconel forgings and castings

- Welding and machining of Stellite valve seat’s

- Fabrication of removable seats, stems and discs

- Epoxy repair of valve bodies

Projects shall submit experience for performing repair services or refurbishment services on at least two valve types shown in PWS section 1, Valve Table, and the ability to manage concurrent periods of performance. The valves shall not be manufactured by the Offeror.

Provide evidence of a minimum of two (2) instances where a minimum of two (2) or more projects were performed with overlapping periods of performance, demonstrating similarity to the scope, and magnitude of this requirement.

11.4.3. Experience shall be performed as a prime contractor, subcontractor, or as the offering entity, in the case of a joint venture. If submitting as an offering entity, and the offering entity does not have the requisite experience, then submit experience as a prime contractor for each partner of the joint venture.

11.4.4. For each project, submit the following information:

a) Project Title & Location

b) State whether work was performed as the Prime or subcontractor

c) Dollar Value of Work

d) Start Date, Original Completion Date, and Final Completion Dates (Month/Year)

e) Project completed or delivered on time

f) Description of Project, and its relevancy to the work that may be ordered under resulting task orders, experience shall include valve repair types shown in section

11.4.2 of this solicitation. The description shall substantiate the validity of performance of same or similar work to include any applicable quality standards or processes used to accomplish work. The information provided shall be specific, detailed, and clearly demonstrate the comparability that the Offeror is assessing as its understanding of the requirement.

g) For Non Federal Contracts-Provide customer point of contact (i.e., name, relationship to project, agency/firm, city, state, current phone number, and email address)

h) For Federal Contracts-Contract Numbers with Government Point of Contact

i) Percentage of project self-performed, dollar value, and specific repair type processes self-performed

j) Percentage, dollar value, and specific types of repair type processes performed by your subcontractors

11.4.5. Projects provided for experience shall show the Offeror’s ability to manage/perform multiple projects performed simultaneously, and in the following categories:

11.4.5.1. The similarity of the scope, magnitude, and complexity of Offeror’s previous experience.

11.4.5.2. The Offeror’s experience in performing/managing multiple projects/task orders being executed either simultaneously or on an overlapping basis;

11.5. NAVSEA texts incorporated by full text:

L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL

CONTRACT FILES (NAVSEA) (APR 2019)

(a) NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information.

(c) Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services.

Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government.

(End of Provision)

12. FAR 52.212-2 Evaluation -- Commercial Products and Commercial Services (Nov 2021) is incorporated by reference, with the same force and effect as if it were given in full text. All terms and conditions of FAR 52.212-2 remain in effect. The following have been tailored to this procurement and are hereby added via 52.212-2 below addendum:

The Government intends to solicit the current requirement on an unrestricted basis in accordance with FAR Part 12, Acquisition of Commercial Items, using FAR Part 13, Simplified Acquisition Procedures, and award an Indefinite Delivery, Indefinite Quantity (IDIQ), Multiple Award Contract (MAC), with Firm-Fixed priced Task Orders, for valve repair services. This is a competitive selection in which competing offerors will be evaluated using the Technically Acceptable criteria, in accordance with FAR 13.106-1(a)(2)(iv)(A). The Government intends to award to all qualified and responsible offerors whose technical proposals are determined to be technically acceptable. The Government intends to award without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

12.1. Evaluation Factors:

12.2. Technical Proposal

The Government will evaluate technical proposals on an overall “acceptable” or “unacceptable” basis. Offerors are required to be found acceptable within technical factor 1, in its entirety, in order for their technical proposal to be deemed technically acceptable. Offerors receiving an unacceptable rating for its Technical Factor will not receive further consideration.

The Offeror shall comply to all stated terms, conditions, representations, certifications, and other information required by 52.212-1 of this solicitation. The Government will evaluate the offerors’ technical proposal against the attached PWS.

The following rating will be used in rating technical proposals:

12.3. Factor 1- Experience

The Government will evaluate the Offeror’s experience on an acceptable/unacceptable basis and assign one of the ratings described below based on the criteria listed.

Acceptable: 1. The Offeror demonstrates through providing evidence of three (3) relevant contracts, projects, or task orders, its ability to perform and manage multiple repair projects that include overlapping periods of performance completed within the past three (3) years from the issuance date of this RFP.

2. The Offeror demonstrates similar scope, magnitude, and complexity of previous experience for repairs or refurbishments of valves not manufactured by the Offeror.

Scope of experience is defined as completing a minimum of five valves per purchase order. Magnitude is defined as completing a minimum of two purchase orders with overlapping periods of performance. The complexity is defined as repairing the identified valves in accordance with section 11.4.2 of this solicitation. The contractor is required to have experience repairing a minimum of two valves shown in PWS section 1, Valve Table and refurbishment of at least two of the types of valves.

Unacceptable: Proposal does not demonstrate ALL items (1 through 2) in above Acceptable criteria

13. FAR/DFARS provisions, and clauses; and NAVSEA texts applicable to this solicitation:

Provisions Incorporated by Reference:

FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial

Services – Alternate I (Feb 2024) FAR 52.216-27 Single or Multiple Awards (Oct 1995) FAR 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020) FAR 52.232-31 Invitation to Propose Financing Terms (Dec 2022) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

(SEP 2022)

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(OCT 2016)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services –

Representation (Dec 2019) DFARS 252.204-7017 Prohibition of the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation (May 2021) DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2023) DFARS 252.204-7024 Notice on the use of the Supplier Performance Risk System (Mar 2023) DFARS 252.215-7008 Only One Offer (Dec 2022) DFARS 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft

Systems—Representation. (DEVIATION 2020-O0015) (May 2020) DFARS 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime (DEVIATION 2020-O0005) (Feb 2020) DFARS 252.226-7002 Representation for Demonstration Project for Contractors Employing

Persons with Disabilities (Dec 2019)

Provisions Incorporated by 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 Items. 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) Representation. 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 X 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)

(1) Representation. 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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals

Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

13.1. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Products and

Commercial Services (Nov 2023), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

13.2. Clauses Incorporated by Reference:

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov

2021) FAR 52.219-9 Small Business Subcontracting Plan (Sep 2023) FAR 52.223-6 Drug-Free Workplace (MAY 2001) FAR 52.223-23 Sustainable Products and Services (MAY 2024) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013)

FAR 52.245-1 Government Property (SEP 2021) FAR 52.245-2 Government Property Installation Operation Services (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.251-1 Government Supply Sources (APR 2012) DFAR 252.211-7007 Reporting of Government-Furnished Property (AUG 2012) FAR 52.247-34 F.O.B. Destination (NOV 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials (SEP 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

(DEC 2022)

DFARS 252.203-7003 Agency Office of the Inspector General (AUG 2019) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor

Reported Cyber Incident Information (JAN 2023) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting (MAY 2024) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support (JAN 2023) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services (JAN 2023) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. (NOV 2023) DFARS 252.204-7023 Reporting Requirements for Contracted Services – Basic (JUL 2021) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (OCT

2024) DFARS 252.211-7003 Item Unique Identification and Valuation (JAN 2023) DFARS 252.211-7008 Use of Government-Assigned Serial Numbers (SEP 2010) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts)—Basic (DEC

2019) DFARS 252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal

Contractors (DEVIATION 2021-O0009) (OCT 2021) DFARS 252.225-7048 Export Controlled Items (JUN 2013) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports (DEC 2018) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel (JAN 2023) DFARS 252.243-7001 Pricing Of Contract Modifications (DEC 1991) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012) DFARS 252.244-7000 Subcontracts for Commercial Products or Commercial Services

(NOV 2023)

DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property (APR 2012) DFARS 252.245-7002 Reporting Loss of Government Property (JAN 2021) DFARS 252.245-7003 Contractor Property Management System Administration (APR

2012) DFARS 252.245-7004 Reporting, Reutilization, and Disposal (DEC 2017) DFARS 252.245-7005 Management and Reporting of Government Property (JAN 2024) DFARS 252.246-7003 Notification of Potential Safety Issues (JAN 2023)

13.3. Clauses Incorporated by Full Text:

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 19 December 2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $70,000;

(2) Any order for a combination of items in excess of 30 valve repairs; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(b) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 19 December 2026.

FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

FAR 52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

FAR 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 address:

https://www.acquisition.gov/

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

2N1

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732

Issue By DoDAAC N4523A

Admin DoDAAC** N4523A

Inspect By DoDAAC N4523A

Ship To Code N4523A

Ship From Code

Mark For Code

Service Approver (DoDAAC) N4523A

Service Acceptor (DoDAAC) N4523A

Accept at Other DoDAAC

LPO DoDAAC N4523A

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contracting Officer’s Representative, Paul Markey, paul.g.markey2.civ@us.navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

C-202-H001 ADDITIONAL DEFINITIONS--BASIC (NAVSEA) (OCT 2018)

(a) Department - means the Department of the Navy.

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(End of Text)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES

(NAVSEA) (OCT 2018)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless…