Combined Synopsis N0024424Q0084.pdf

N00244-24-Q-0084

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This announcement constitutes the only solicitation; a Request for Quotation (RFQ) is being requested and a written solicitation will not be issued. The Solicitation number is N00244-24-Q-0084. The solicitation document and incorporated provisions and clauses are those in effect through latest Federal Acquisition Circular and DFARS change notices. This solicitation is issued as 100% small business set aside. NAICS Code 324121 Asphalt Paving Mixture and Block Manufacturing is applicable and business size is 500 employees. The solicitation will start on the date this solicitation is posted and will end on 16 February 2024 9:00 AM Pacific Standard Time.

Contractor must complete all Representations and Certifications found in the provisions listed below within their profile in the System for Award Management (SAM) at http://www.sam.gov to be considered for this solicitation.

Requirements

Hot Mix Asphalt, Emulsion, and rental of 3-5ton Double Smooth Drum Vibratory Asphalt Roller which will be used for asphalt road construction training for a classes through the training year.

Refer to statement of work for full detail.

Qty. 12 Months

Period of Performance:

FY24 Base Year: 05 March 2024 – 4 March 2025

Delivery: FOB Destination.

Inspection and acceptance: At Destination by the Government.

Contract Type: Order/ Contract resulting from this solicitation will be Firm Fixed Price (FFP).

Model bids as follows in line with CLIN Pricing:

CLIN Description Qty U/M Unit Price Total Price 0001 Emulsion 1,200 Gallons 0002 Hot Mix Asphalt 1,200 Tons 0003 3-5 Ton Double Smooth Drum

(2 Days per Class) 12 Days

Performance Work Statement

STATEMENT OF WORK

Background.

(a) Naval Construction Training Center (NCTC) on Naval Base Ventura County (NBVC) Port

Hueneme, CA develops and trains Sailors, Soldiers, Airman, and Marines in construction trades and military skills for Department of Defense operating forces to accomplish contingency and peacetime construction, chemical, biological, and radiological operations, and humanitarian assistance missions worldwide.

(b) NCTC offers course title “Pavements”, CIN A-730-0048 in the Catalog of Navy Training Courses. “Pavements” provides Equipment Operators advanced technical training in soil stabilization and asphalt operations under normal field conditions. “Pavements” requires students to perform Hot Mix Asphalt (HMA) lay down, thus requiring a dependable source of HMA and emulsion is required.

Note. This is not a construction requirement. No permanent Navy installations will be constructed or augmented pursuant to asphalt delivery under this contract. Asphalt delivered under this contract is for training purposes only.

Requirement.

1. Emulsion.

a. 600 (minimum) to 1200 (maximum) gallons per period of performance, 200 gallons per delivery, of SS-1h or SC-70 specification emulsion, as directed by

NCTC.

b. Vendor must apply emulsion as prime, tack, or seal coats at least 24 hours prior to placing asphalt, as directed by NCTC.

c. Planned Performance Date:

i. 05 MAR 2024

ii. 22 APR 2024

iii. 24 JUL 2024

iv. 26 SEP 2024

v. 28 NOV 2024

vi. 16 JAN 2025

d. The contract allows for potential overages in asphalt delivery of up to 20% of the total estimated quantity, due to the training environment. Any such overages will be processed through contract modification by the Contracting Officer, prior to delivery.

e. Index BLS data was used at https://data.bls.gov/PDQWeb/pc under series ID

PCU3241213241210111.

2. Hot Mix Asphalt (HMA).

a. 600 (minimum) to 1200 (maximum) tons per period of performance, 200 tons per delivery, HMA of a ½” mixture suitable to sustain moderate traffic loads such as access roads, driveways, and parking lots; generic C2 mix design is acceptable.

b. Oil component of HMA shall be AR4000/PG6410 or result in a set-time no faster than HMA with AR4000/PG6410 specification oil.

c. Recycled Asphalt Product (RAP), if used, shall be homogenously mixed with new asphalt in proportion not to exceed 10% by weight of the total HMA delivered.

d. HMA must be delivered at a minimum of 290 degrees Fahrenheit.

e. Planned Performance Date:

i. 06 MAR 2024

ii. 23 APR 2024

iii. 25 JUL 2024

iv. 27 SEP 2024

v. 29 NOV 2024

vi. 17 JAN 2025

f. The contract allows for potential overages in asphalt delivery of up to 20% of the total estimated quantity, due to the training environment. Any such overages will be processed through contract modification by the Contracting Officer, prior to delivery.

g. Index BLS data was used at https://data.bls.gov/PDQWeb/pc under series ID

PCU3241213241210111.

3. 3-5ton Double Smooth Drum Vibratory Asphalt Roller.

a. To be utilized by NCTC staff and students for no more than a two-day rental.

b. Vendor must deliver the equipment no later than 0800 on the delivery date of the HMA and pick up the equipment any time after 1600 on the same date / following date.

c. Planned Performance Date:

i. 06 MAR 2024

ii. 23 APR 2024

iii. 25 JUL 2024

iv. 27 SEP 2024

v. 29 NOV 2024

vi. 17 JAN 2025

d. The contractor is required to obtain and maintain comprehensive insurance coverage for leased equipment, releasing the Government from liability for any damages incurred during the contract period.

e. Due to the training environment, overages may be needed with additional days for rental, which will be processed through modification of the original contract.

Delivery.

1. Hot Mix Asphalt (HMA).

a. Deliver 200 tons of HMA:

i. To the assigned location on NBVC Port Hueneme, CA;

ii. At a minimum of 290 degrees Fahrenheit;

iii. At a rate of 50-85 tons per hour;

iv. On three (minimum) to six (maximum) separate dates per period of performance.

06 MAR 2024

23 APR 2024

25 JUL 2024

27 SEP 2024

29 NOV 2024

17 JAN 2025

b. Deliveries will be requested at least 10 days prior to delivery.

c. HMA delivery time will generally be 0800, unless otherwise indicated by NCTC.

d. Unload HMA into an asphalt paving machine hopper or wheeled front-end loader bucket.

e. It is estimated that each truck will be on site for 30 minutes, along with an additional 1 hour for gate entry procedures. NCTC shall not be liable for delays due to vendor dispatch, equipment, or material delays.

f. Contractor shall provide in their bid the hourly rate for the truck in the event trucks remain on site past the estimated timings.

2. Emulsion.

a. Deliver 200 gallons of emulsion:

i. To the assigned location on NBVC Port Hueneme, CA;

ii. Meeting SS-1h or SC-70 specifications, as directed by NCTC;

iii. Apply as prime, tack, or seal coat, as directed by NCTC;

iv. On three (minimum) to six (maximum) separate dates per period of performance

Planned Performance Date:

05 MAR 2024

22 APR 2024

24 JUL 2024

26 SEP 2024

28 NOV 2024

16 JAN 2025

(2) Deliveries will be requested at least 10 days prior to delivery.

(3) Emulsion delivery/application time will generally be 0800, unless otherwise indicated by NCTC.

(4) It is estimated that each truck will be on site for 30 minutes, along with an additional 1 hour for gate entry procedures. NCTC shall not be liable for delays due to vendor dispatch, equipment, or material delays.

3. 3-5ton Double Smooth Drum Vibratory Asphalt Roller

a. Deliver a 3-5ton Double Smooth Drum Vibratory Asphalt Roller

i. To be utilized by NCTC staff and students for no more than a two-day rental.

ii. Vendor must deliver the equipment no later than 0800 on the delivery date of the

HMA and pick up the equipment any time after 1600 on the same date / following date.

iii. Planned Performance Date:

• 06 MAR 2024

• 23 APR 2024

• 25 JUL 2024

• 27 SEP 2024

• 29 NOV 2024

• 17 JAN 2025

General.

1. Delivery dates will be scheduled no later than ten business days prior to delivery.

2. The rate, timing, and location of delivery will be confirmed no later than three business days prior to delivery.

3. NCTC may change date and time, and/or cancel delivery not later than one business day prior to delivery due to course cancellation, equipment breakdowns, inclement weather, or other Acts of God.

4. Depending upon force protection conditions (FPCON) and time of delivery, transiting an entry control point at NBVC Port Hueneme may add 60 minutes to HMA delivery timeline.

NCTC will provide the vendor updates regarding changes in FPCON that may affect delivery timelines. Vendor shall account for delays in transiting an NBVC entry control point to ensure HMA meets temperature specifications upon delivery.

5. The vendor shall ensure drivers and delivery vehicles meet NBVC base access requirements prior to the date of delivery.

6. An NCTC representative will escort delivery vehicles from the NBVC entry control point to the delivery location and back, only when drivers and delivery vehicles meet base access requirements.

Inspection and Invoicing.

1. Upon delivery and in the presence of vendor representative(s), NCTC receiving agents will test the temperature and quality of delivered product using industry standard testing methodologies.

2. If delivery is not within required specifications as described herein, vendor or vendor arranged delivery service must depart NBVC Port Hueneme with the unsatisfactory product.

3. Vendor must provide replacement product within three hours at no additional cost to the Government.

4. Following acceptable delivery, vendor shall bill via Wide-Area Workflow (WAWF) on one itemized invoice per delivery.

Periods of Performance.

1. At this time, planned period of performance dates:

a. Base: 05 March 2024 – 04 March 2025

End

This solicitation documents and incorporates provisions and clauses in effect through the latest FAC and DFARS change notices. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov

Post Award Contract Administration will be performed by NAVSUP Fleet Logistics Center San Diego, Code 250.

Payment: The US Navy anticipates using Wide Area Workflow (WAWF) to pay invoices IAW DFAR 252.232-7003.

Requests for technical and or contractual clarification are to be submitted in writing. TECHNICAL QUESTIONS are to be submitted via e-mail to janet.nunez@navy.mil received no later than 14 February 2024 9:00:00 AM Pacific Standard Time. Answers to questions will be provided in the form of an amendment to this solicitation.

The following provisions and clauses are applicable and are hereby incorporated into the solicitation by reference and by full text. It is the responsibility of the interested contractors to obtain copies of the necessary provisions and or clauses that are required as a part of this solicitation. Required clauses/provisions that are not submitted may render a quote not to be accepted by the Government.

THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF

WORK/PERFORMANCE WORK STATEMENT.

NAVSUP FLC San Diego may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the Government or information already in the possession of the Government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive/confidential or proprietary data to the Government's AbilityOne Program support contractor personnel in order to perform close out services. Prior to the release of any such information to the support contractor, the support contractor will have in place with the Government a Non-Disclosure/Non-Use Agreement in accordance with the terms of the AbilityOne Program support contract.

Offerors may execute their own Non-Disclosure Agreement with the AbilityOne Program (AbilityOne contact information available from the contracting point of contact). The support contractor must provide copies of the executed agreements to the Contracting Officer and the Contracting Officer's Representative (COR) for the support contract; and the offeror/contractor for this acquisition must provide copies of the executed Agreement to the Contracting Officer for this acquisition. If the offeror/contractor seeks such a Non-Disclosure Agreement with the AbilityOne Program support contractor, the Agreement must be executed no later than the date of final delivery under the resulting NAVSUP FLC San Diego contract.

REVIEW OF AGENCY PROTESTS

The contracting activity, Fleet Logistics Center San Diego (FLCSD) will process agency protests in accordance with the requirements set forth in FAR 33.103(d).

Pursuant to FAR 33.103(d)(4), agency protests may be filed directly with the appropriate reviewing authority; or, a protester may appeal a decision rendered by a contracting officer to the reviewing authority.

The reviewing authority for FLCSD is the Director, Regional Contracts Department, Fleet Logistics Center San Diego at 3985 Cummings Road, San Diego, CA 92136-4200. Agency procurement protests should clearly identify the initial adjudicating official, i.e., the "contracting officer" or "reviewing official".

Offerors should note this review of the Contracting Officer's decision will not extend GAO's timeliness requirements. Therefore, any subsequent protest to GAO must be filed within 10 days of knowledge of initial adverse agency action.

UNIT PRICES

Contractor unit prices, when incorporated into a Government contract, may be releasable under the Freedom of Information Act (FOIA) in the event NAVSUP FLCSD receives a FOIA request.

No partial shipments are permitted unless specifically authorized at the time of award.

WAGE DETERMINATION

WD 2015-5625 (Rev.20) and posted on beta.sam.gov is he To view the Ventura County, CA Wage Determination, please visit https://sam.gov/content/wage-determinations

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code

Reporting

AUG 2020

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (CD 2024-O0002)

JAN 2024

52.252-5 Authorized Deviations in Provisions NOV 2020 252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications

MAY 2021

252.204-7016 Covered Defense Telecommunications Equipment or Services–Representation

DEC 2019

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

MAY 2021

252.204-7024 Notice on the use of the Supplier Performance Risk System

MAR 2023

252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services— Representations

DEC 2018

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7973 Prohibition on the Procurement of Foreign- Made Unmanned Aircraft Systems— Representation. (DEVIATION 2020- O0015)

MAY 2020

*Included in FAR 52.212-5 ** Required local policy

PROVISION BY FULL TEXT

Addendum to 52.212-2:

1.0 BASIS FOR AWARD:

1.1 Award will be made to the responsible offeror whose offer conforms to the solicitation requirements and is determined to be the most advantageous to the Government, price and other factors considered.

The acquisition will utilize the Performance Price Tradeoff (PPT) process to make a best value award decision. For proposals determined technically acceptable, a trade-off between price and past performance will be conducted with past performance being significantly more important than price considerations.

1.2 The Government intends to award this contract without discussions. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a technical, past performance and price standpoint. Notwithstanding this intent, the Contracting Officer reserves the right to conduct discussions, a matter within his/her discretion.

1.3 The Offerors must fully comply with the instructions included in Section L (Instructions, Conditions, and Notices for Submission of Offers), and sufficiently address all solicitation requirements. Taking exception to any requirement in the solicitation without addressing the exception with the contracting office before the proposal due date specified within the solicitation will render the proposal ineligible for award.

2.0 EVALUATION PROCESS AND FACTORS

2.1 The Government will evaluate proposals based on the following factors and sub-factors:

Factor I – Technical

Factor II – Past Performance

Factor III – Price

2.2 If three (3) or fewer quotes are received, the Government will evaluate all quotes. If more than three

(3) quotes are received, the Government will then evaluate the three (3) lowest priced quotes.

However, the Government reserves the right to evaluate additional quotes if none of the initial three (3) lowest priced quotes are qualified as technically acceptable under Factor I and have at least a Satisfactory Confidence performance assessment under Factor II. If additional quotes are evaluated, they will be evaluated in the order of increasing total evaluated price.

2.3 The Government’s technical evaluation team will evaluate Factor I, Technical, on an “Acceptable”/”Unacceptable” basis. Only technically acceptable quotes are eligible for award.

2.4 Factor I, Technical: Responding to requirements in statement of work. An “Unacceptable” will result in an overall Factor I rating of “Unacceptable,” rendering the entire proposal ineligible for award.

2.5 Only those offerors that are determined to be technically acceptable under Factor I, Technical, will be further evaluated under Factor II, Past Performance. Past Performance history will be evaluated as being significantly more important than Price.

2.6 Only those proposals determined to be technically acceptable under Factor I with at least a Satisfactory

Confidence performance assessment under Factor II, either initially, or as a result of discussions, will be considered for award.

3.0 FACTOR I – TECHNICAL

The Government will conduct technical evaluation on the three lowest priced offerors. The Government will evaluate the offeror’s technical proposal to determine whether they are technically acceptable or technically unacceptable.:

3.1 Factor (1) Technical

3.1.1 The Government will evaluate the adequacy of the Offeror’s technical proposal whether or not it properly addresses the requirements for supplying materials and equipment.

Technical will be evaluated on an “Acceptable” or “Unacceptable” basis using the ratings below

TABLE M-1 TECHNICAL ACCEPABLE/ UNACCEPTABLE METHOD

Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

4.0 FACTOR II – PAST PERFORMANCE

The Government will conduct the past performance evaluation on the three lowest priced offerors if they are determined to be technically acceptable under Factor I, Technical.

4.1 The assessment of the Offeror’s past performance will be used by the Government as a means to evaluate the relative capability of the Offeror and other competitors to successfully meet the requirements of the PWS and as a measure of performance risk for contract award. The government’s assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror’s performance on list of contracts, but rather the product of subjective judgment of the government after it considers all available relevant and recent information.

4.2 The rating tables identified below as “Past Performance Relevancy Rating” Table and “Past Performance Confidence Assessment” Table will be utilized for the assignment of ratings for relevancy and confidence assessment.

4.3 Each past performance data sheet will be evaluated to determine whether the work performed by the

Offeror is recent and relevant to the instant requirement. Relevant past performance is performance under contracts accomplished within the past three (3) years that is of the same or similar scope, complexity, and magnitude to that which is described in the solicitation. Common aspects of relevancy include, but are not limited to, the following: similarity of product/service/ support, complexity, dollar value, contract type, use of key personnel (for services), and extent of subcontracting.

4.4 The Government will assign one relevancy rating for each past performance effort submitted using the four levels of relevancy as shown in “Past Performance Relevancy Rating” Table below. Past performance of greater relevancy will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.

Past performance reference that that has no relevance to the instant requirement will not be evaluated favorably or unfavorably and will not be considered in the overall assessment of Past Performance Confidence.

“Past Performance Relevancy Rating” Table

Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

4.5 Each past performance reference under each offeror’s Past Performance submission that is found to have at least some relevance to the instant requirement will be evaluated to determine the quality of the offeror’s performance under that reference. The Government will focus its inquiry of the Offerors record of performance as it relates to timeliness, quality, cost control, and customer satisfaction.

4.6 Quality of the relevant past performance will form the basis for the Offeror’s overall rating for Past Performance.

4.7 The Government will assign one Past Performance Confidence rating to each Offeror using the five levels of confidence as shown in “Past Performance Confidence Assessment” Table below. This rating will become the Offeror’s overall rating for Past Performance.

“Past Performance Confidence Assessment” Table

Rating Description

Substantial Confidence:

Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory

Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Limited

Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence:

Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will successfully perform the required effort.

Unknown Confidence (Neutral):

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The government intends to verify past performance information on contracts listed by the Offerors. The government may contact some or all of the references. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. The Contractor Performance Assessment Reporting System (CPARS) will be accessed to locate recent and relevant information.

5.0 FACTOR III – PRICE

5.1 All proposals will be ranked by the total evaluated price.

5.2 Each Offeror's price proposal will be evaluated for completeness and reasonableness. Also, unbalanced pricing will be evaluated of the proposed unit prices of the fixed price list, including options, IAW FAR 15.404-1(g). A proposal is considered complete when all items outlined in the Schedule of Supplies/Services of the Solicitation. Price reasonableness will be determined using one or more techniques identified in FAR 15.404-1(b) such as comparison of proposed prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items or subline item(s) appear to be significantly overstated or understated as indicated by the application of price analysis techniques.

(End of provision)

52.252-5 Authorized Deviations in Provisions.

(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 Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End Provision)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation on Payments to Influence Certain

Federal Transactions

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code

Maintenance

AUG 2020

52.204‐19 Incorporation By Reference Of Representations And Certifications

DEC 2014

52.204-27 Prohibition on a ByteDance Covered Application

JUN 2023

52.211-17 Delivery of Excess Quantities SEP 1989 52.211-18 Variation in Estimated Quantity APR 1984 52.212-4 Contract Terms and Conditions—Commercial

Items

NOV 2023

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.246-4 Inspection of Services-Fixed-Price AUG 1996 52.247-34 F.o.b. Destination NOV 1991 52.252-2 Clauses Incorporated By Reference FEB 1998 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

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

JAN 2023

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

JAN 2023

Services 252.204-7022 Expediting Contract Closeout MAY 2021 252.209-7004 Subcontracting with Firms that are Owned or

Controlled by the Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments

Program--Basic

JAN 2023

252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022 252.225-7012 Preference for Certain Domestic Commodities APR 2022 252.225-7036 Buy American—Free Trade Agreements--

Balance of Payments Program--Basic

JAN 2023

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

OCT 2023

252.225-7048 Export-Controlled Items JUNE 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations

JAN 2023

252.225-7972 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

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by

Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Items JAN 2023 252.247-7023 Transportation of Supplies by Sea--Basic JAN 2023

52.212-5 Contract Terms and Conditions Required

To Implement Statutes or Executive Orders—Commercial Items (CD 2023- O0008)

JUN 2023 Pursuant to CD 2018-O0021, DoD may deviate from the requirements in 12.301(b)(4) and the clause at 52.212-5 when using the SPS.

Clauses below are contained within FAR 52.212-5 52.203-19* Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

52.204-27* Prohibition on a ByteDance Covered Application

JUN 2023

52.204-10* Reporting Executive Compensation and First- Tier Subcontract Awards

JUN 2020

52.204-23* Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25* Prohibition of Contracting for Certain Telecomunications and Video Surveillance

NOV 2021

Services or Equipment 52.209-6* Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10* Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.219-6* Notice of Total Small Business Set-Aside NOV 2020 52.219-14* Limitations on Subcontracting (DEVIATION

2021-O0008)

SEP 2021

52.219-28* Post-Award Small Business Program Rerepresentation

MAR 2023

52.219-33* Non-Manufacturer Rule (Deviation 2020- O0008)

SEP 2021

52.222-3* Convict Labor JUNE

52.222-19* Child Labor—Cooperation with Authorities and Remedies

NOV 2023

52.222-21* Prohibition of Segregated Facilities APR 2015 52.222-26* Equal Opportunity SEP 2016 52.222-35* Equal Opportunity for Veterans JUN 2020 52.222-36* Equal Opportunity for Workers with

Disabilities

JUN 2020

52.222-37* Employment Reports on Veterans JUN 2020 52.222-41* Service Contract Labor Standards AUG 2018 52.222-42* Statement of Equivalent Rates for Federal

Hires

MAY 2014

52.222-50* Combating Trafficking in Persons NOV 2021 52.222-53* Exemption from Application of the Service

Contract Labor Standards to Contracts for Certain Services—Requirements

MAY 2014

52.222-55* Minimum Wages Under Executive Order 13658

JAN 2022

52.222-62* Paid Sick Leave Under Executive Order 13706

JAN 2022

52.223-18* Encouraging Contractor Policies to Ban Text Messaging While Driving

JUN 2020

52.225-13* Restrictions on Certain Foreign Purchases FEB 2021 52.232-33* Payment by Electronic Funds Transfer—

System for Award Management

OCT 2018

52.232-40* Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-3* Protest after Award AUG 1996 52.233-4* Applicable Law for Breach of Contract Claim OCT 2004

CLAUSES INCORPORATED BY FULL TEXT

52.211-18 Variation in Estimated Quantity (APR 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.216-2 Economic Price Adjustment-Standard Supplies (Nov 2021)

(a) The Contractor warrants that the unit price stated in the Schedule for asphalt and emulsion is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that-

(1) Is an established catalog or market price for a commercial product sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective-

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of clause)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

(b) The use in this solicitation or contract of any Defense Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

End of Clauses/Provisions.

Contractor must complete all Representations and Certifications found in the provisions listed above within their profile in the System for Award Management (SAM) at http://www.sam.gov to be considered for this solicitation.

Quotation information may be submitted via email. Submit responses to: janet.nunez@navy.mil Reference solicitation number: N00244-24-Q-0084 on all documents and requests for information.

Quotes must be received no later than 16 February 2024 9:00 AM Pacific Standard Time.