COMBINED SYNOPSIS SOLICITATION (N3220522R4255).pdf

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION TEMPLATE

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

2. Solicitation number is N3220522R4255 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through:

a. Federal Acquisition Circular (FAC) 2022-01, effective 12/06/2021 located on https://www.acquisition.gov/browse/index/far

b. DFARS Publication Notice 20211130, effective 11/30/2021 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

4. The associated NAICS code is 336611 and the associated PSC/FSC code is J020 for this procurement: NOTE:

A Class Waiver is not applicable to a procurement unless the NAICS code, PSC/FSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

is not being set-aside for small businesses.

is being set-aside for small business. The small business size standard is 1250

5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

USNS SPEARHEAD LAYBERTH

CLIN DESCRIPTION QUANTITY UNIT OF

MEASURE

COST

0001 LAYBERTH 1 EACH

6. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. No commercial financing.

EPF LAYBERTH SOLICITATION

1.0 GENERAL

This solicitation is for prospective offerors to provide a U.S. East Coast lay berth for the USNS SPEARHEAD (EPF-1) vessel on or about 01 April 2022 to on or about 30 September 2022, a period of (5) months, with one (12) month option. USNS SPEARHEAD (EFP-1) is MSC owned and currently in Reduced Operating Status (ROS-45). Payment will be made on agreed daily rate regardless of the vessel attendance. The Lay berth Contractor will be responsible to provide a safe berth with adequate security, fendering, and mooring points. MSC would prefer a berth that provides adequate strength and area to allow the vessel’s stern ramp to be deployed. The stern ramp is fixed and can be slewed to the starboard side.

2.0 THE PERIOD OF PERFORMANCE IS 5 MONTHS WITH A (12) MONTH OPTION.

3.0 VESSEL SPECIFICS – EPF VESSEL

• Flag U.S. – Public Vessel https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

• Ship Type/Class T-EPF

• Ship Name:

o USNS SPEARHEAD (T-EPF 1)

• Length Overall 338 ft.

• Beam 93.5 feet molded beam, 101 feet with appendages

• Height 92 feet

• Draft 13 feet

• Displacement 2460 long tons

• Propulsion Four (4) Wartsila 48,800 HP Waterjets

• Shore Power 450 VAC, 60 Hz, 3-phase, ungrounded. Two 400-amp shore power cables for one ship. Allowable tolerance of temporary voltage deviations at any time is +/- 10% of nominal.

• Facility support services (e.g. refuse, hazardous waste, bilge water, and sewage collection and disposal).

• Stern Ramp capacities-laydown area 40’ on pier from vessel’s starboard quarter

4.0 PERFORMANCE SPECIFICS

4.1 GENERAL ITEMS

• Berth requires minimum 440 feet linear space for mooring.

• Minimum 22.7 feet water depth at Mean Lower Low Water.

• Netless pneumatic fenders or low-reaction foam-filled fenders are preferred.

Buckling fender systems are not suitable.

• Garbage/Dumpster Service

• Potable water

• Price to provide a sewage receptacle tank and pick-up service every week if ship is not permitted to use the Marine Sanitation Device.

• Access to ship via brow

• Parking within pier area or within a short walk (paved parking preferred)

• Harbor security, force protection and waterfront access control

4.2 PERFORMANCE DETAILS

4.2.1 Location. Vessel shall remain within the East Coast of the United States.

4.2.2 Permits/Licenses/Leases. The Contractor is responsible for acquiring and maintaining the currency of all permits, licenses, and leases necessary to operate the lay berth facility for the duration of the contract.

4.2.3 Port Requirements. The Contractor will provide, operate and maintain a safe berth in accordance with the requirements of the U.S. Coast Guard COTP and the contract.

4.2.4 Heavy Weather Plan. The lay berth facility must have or be capable of obtaining (in a timely manner) an approved Inport Heavy Weather Plan approved by MSC. T-EPF ROS-45 ships will not have hurricane sortie capability. The shipboard mooring system nominal rating for sustained wind is 50 knots. The actual mooring capacity is unique for each berth and mooring system arrangement.

4.2.5 Oil Spill Plan. The Contractor is responsible for establishing and maintaining an oil spill response plan that is approved by the appropriate Federal, State, interstate, and local authorities for the lay berth facility. The Oil Spill Plan shall be updated and submitted to the Contracting Officer prior to lay berth acceptance.

4.2.6 Water Depth. Water depth shall be a least 22.7 feet from the open seas to the lay berth at mean lower low water (MLLW) or seasonal low water, whichever is shallower.

4.2.7 Soundings. Prior to facility acceptance, the Contractor shall provide recent (within 6 months) water depth soundings. Soundings must cover the lay berth area and all working areas as described. The Contractor shall also provide annual soundings to the Government and more frequently if directed by the Contracting Officer. Additional soundings beyond the annual requirement shall be on a reimbursable basis. These soundings are to be taken during the period of six weeks prior to or six weeks after the anniversary date of berth acceptance, or as directed by the COR. Soundings will be taken by an individual or business entity that is regularly engaged in the business of underwater surveying or dredging.

4.2.8 Dredging Completion Certificate. If dredging is required to meet the depth requirements a Dredging Completion Certificate shall be submitted to the Contracting Officer no later than 30 days after each instance where dredging is completed.

4.2.9 Turning Area. Adequate room to turn the ship must be available.

The proposed turning area shall be marked on a chart. The proposed turning area must be approved by MSC.

4.2.10 Working Area. A reasonable area with minimum acceptable water depth shall extend fore, aft, and outboard of the outboard moored ship. This area must be of sufficient size to allow for the following:

4.2.10.1 Facilitate safe docking and undocking without interference

4.2.10.2 Support ship movement during dock trials or material condition assessments; and

4.2.10.3 Permit the safe maneuvering of and turning room for tugboats, barges, lighters, and floating cranes.

4.2.11 Clearance. Clearance between ship’s highest point (see Section 3.0) and overhead obstructions from the open seas to the lay berth shall be at least 4 feet at mean higher high water (MHHW) or seasonal high water.

4.2.12 Pier Requirements. The berthing facility shall be of sound structural design, construction, condition, and safe for the intended purpose. Pier and associated structures shall be well preserved and maintained at all times to ensure the following:

a. Safety and security for the vessel and the facility;

b. Safe movement of the ship and vehicular traffic within the facility

c. Clean appearance, properly maintained, and free from garbage and debris.

d. Contractor is to provide a Security Barrier (fence or otherwise) sufficient to prevent unauthorized personnel entry and access to the vessel, and manned with a 24/7 Security Guard. The fence may have multiple entry points, but if this is the case, there must be a 24/7 security guard at each entrance, which will prevent unauthorized access to the vessel.

4.2.13 Mooring: The pier shall have a sufficient number of properly positioned mooring fittings (bollards, bitts, cleats, etc.) of sufficient rated capacity to provide safe and secure mooring of the ship. Mooring line fittings shall be designed to accommodate turns, bights, or eyes of 1.5-inch diameter line without chafing. Any mooring fitting not intended for use in the performance of this contract shall be removed or made physically incapable of accepting turns, bights, or eyes and marked accordingly on all plans and drawings.

4.2.13.1 Afloat Moorings. The Contractor shall inspect all mooring fittings, including those moorings that are afloat, constructed off shore, or are otherwise not accessible by foot, as necessary but no less frequently than weekly.

4.2.13.2 Fendering. Resilient fendering, between the ship and the pier shall be provided by the Contractor and be of sufficient size and design and properly positioned so as to prevent damage to the ship. The Contractor is responsible for the repair, maintenance, and upkeep of the fendering throughout the term of the contract.

4.2.13.3 Pier Apron. Pier apron (i.e. working area) shall be of such design and construction that it is safe, well-drained, permits vehicular access to and from the gangway brow and/or stern ramp and has sufficient space to allow stores and other ship material to be loaded aboard the ship. Pier apron will accommodate a WB-50 truck and safely support a uniform vertical loading of 540 lbs. per square foot, and AASHTO HS 20-44 trucks or the heaviest local firefighting vehicle that would be used, whichever is greater. The pier apron must permit vehicular access to and from the brow.

4.2.14 Guard Service. Contractor shall be capable of providing a bonded guard(s), on a 24-hour, seven-day a week basis. A guard is required at the lay berth access control point.

Guards shall be well groomed and uniformed at all times. Guards shall be U.S. citizens and shall be free of any felony convictions.

4.2.15 Armed Guard Service. The Contractor shall be capable of providing armed lay berth security guards on a 24 hour a day, 7 day a week basis within 24 hours of notification by the Government. Only the Contracting Officer may direct the arming of the lay berth security guards. Security guards called to perform armed guard services must be trained in accordance with Appendix VIII of OPNAVINST 5530.14C. The Contractor shall obtain all necessary licenses and permits. The additional cost, less profit and overhead, for arming guards will be reimbursable.

4.2.16 Roving Guard. The Contractor shall, when directed by the Contracting Officer, provide a guard, in addition to the guard(s) normally located at the facility that is capable of being armed, to perform a continuous roving patrol of Contractor's shore facility. The Contractor shall be reimbursed for the roving guard's actual direct expense only.

4.2.17 Guard Duties. The Contractor shall provide lay berth security guard personnel with detailed written instructions that define and illustrate the duties to be performed. The Contractor will provide guards with mirrors and lights to inspect the underside of vehicles entering the facility.

4.2.18 Silent Alarm. The Contractor shall furnish, install and maintain a silent alarm system to allow the guard to contact directly the ship(s), local police, fire department, or other authorities. The silent alarm system shall include a portable radio remote trigger with a minimum range of at least 500 yards that the guard can carry.

4.2.19 Restricted Signs. At each entry point along the perimeter security barrier, a ‘Condition of Entry’ sign (see sample Condition of Entry sign) and a ‘Prohibited Items’ sign (see sample Prohibited Items sign) must be posted. At intervals of 100 feet along the entire length of the perimeter security barrier ‘Restricted Area’ signs shall be posted. (See sample Restricted Areas sign). These signs must also be posted so that they are visible to boats and vessels approaching the lay berth facility from the water. The wording of the signs to be posted shall be as set forth in the above attachments.

4.2.20 Physical Security Plan. The Contractor shall submit a Physical Security Plan that at a minimum encompasses the requirements of this section. Three copies of the plan shall be submitted prior to final layberth acceptance. Within 30 days of any subsequent change the Contractor shall submit three copies of the revised plan to the Government for approval before final layberth acceptance.

4.2.21 Layberth Access. Layberth access shall be available on a continuous 24 hours per day, seven-day per week basis. Authorized visitors must be provided unencumbered access to the ship including, but not limited to, access across any and all labor related picket lines.

4.2.22 Security Barrier. Contractor is to provide a Security Barrier (fence or otherwise) sufficient to prevent unauthorized personnel entry and access to the vessel. The fence may have multiple entry points, but if this is the case, there must be a 24/7 security guard at each entrance that is not secured, which will prevent unauthorized access to the vessel.

Cost of Guard Service will be included in the daily per diem.

4.2.23 Access List. Access will be restricted to personnel designated by the Government. The

Contractor will maintain a list, to be initially furnished by the ships’ Masters, of individuals requiring regular or frequent access. This access list will be kept at the Guard Station. Visitors not named on the access list shall be cleared by the Master or his representative prior to gaining access to the layberth. Authorized visitors are required to provide proper photo identification.

4.2.24 Guard Shack. Contractor shall provide and maintain a guard shack for the security guard. The guard shack shall be equipped with a telephone to enable the guard to contact the ships and local authorities. Telephone installation, maintenance and monthly charges are for the account of the Contractor. The guard shack shall be equipped with CCTV for monitoring the vessel’s gangway, access points, and mooring lines.

4.3 FACILITY REQUIREMENTS

4.3.1 Roadways. Access roads/bridges/tunnels shall present no obstruction or restriction for safe access to the facility by personnel and vehicular traffic, including all local fire fighting vehicles. The road to the pier or working surface shall present no obstructions or restrictions for safe access.

4.3.2 Parking. Contractor shall provide a well-maintained parking area, in addition to the pier working area, with a parking capacity for a minimum of eight (8) automobiles and/or small trucks, reserved for shipboard personnel and ship visitors.

4.3.3 Lighting. Contractor shall provide and maintain lighting for the ship ramp/ gangway, facility exit, parking area, and all areas in between, so as to provide a lighted passage for personnel on foot from the layberth to the parking area and the gate. Any costs for lighting and electrical current are for the Contractor’s account.

4.3.4 Communications. Contractor shall ensure that communications with the facility operator and/or manager are available to the Government and the ship Master on a 24-hour per day, seven-day per week basis. Contractor shall provide radios for the pier security personnel programmed to the vessel’s radio frequencies. Additionally, the Contractor will have facsimile and e-mail capability for administrative purposes.

4.3.5 Hazardous Materials. The layberth and associated structures shall not present an unacceptable hazard to the ship. Additionally, the layberth shall be sufficiently distant from areas where the material readiness or cleanliness of the ship or her equipment would be adversely impacted by the following:

(a) Corrosive waste in water and/or air;

(b) Airborne sand, dust, or grit: or

(c) Any other hazardous conditions.

4.4 SERVICE REQUIREMENTS. Contractor shall provide the ships with the following equipment and services at pier side. Except as provided below, the Contractor shall bear all expenses associated with utility services required for the normal operation and maintenance of the facility.

Licenses and permits are the responsibility of the Contractor.

4.4.1 Shore Power. Contractor shall quote metered shore power services as required by

Section 5.0 to the ship at its shore power receptacle. The ship is to be individually metered. The Operator will provide “pigtails”; Contractor will provide all other equipment, including cables and attachment fittings. Pier-side circuit breakers shall have a rating of no less than 880 amp trip and shall be equipped with short circuit, under voltage, and overload protection on all three phases.

4.4.2 Electrical Power. The Government will order reimbursable electric power service from the Contractor if the Contractor obtains a commitment from the power company to exempt the layberth’s electric service from taxes. In the event the Contractor is unable to obtain tax-free electrical services, the Government, at its discretion, may contract directly for the services or order the reimbursable electric power from the Contractor, notwithstanding the tax consequence. In the event the Government chooses to procure electrical services through the Contractor, the Contractor shall subcontract for electrical services at the most competitive rates obtainable. For layberth facilities in locations where electrical power is deregulated, the Contractor shall review rates on an annual basis to procure the most economical service. The Contractor shall notify the Contracting Officer and the COR when electrical rates are anticipated to increase by more than 25% of the daily average from the previous month. This will allow the Government to make a determination whether to light off ship’s power to provide electricity to the ship in lieu of obtaining it through the Contractor on a reimbursable basis.

4.4.3 Metered Potable Water. Contractor shall quote metered potable water service connection for each ship with a minimum requirement of 300 gallons per day at a minimum constant pressure of 80 psi at the ship’s deck connection, via a 2 ½-inch hose (to be supplied by the Operator) no further than 200 feet from the ship’s potable water connection. Contractor shall provide a reduced-pressure type backflow prevention device on the shore side of the potable water connection and test it in accordance with local authority requirements. Water quality shall meet requirements of the Food and Drug Administration (FDA), U.S. Public Health Service and the Department of Health and Human Services, as an interstate ship watering point. Potable water shall be delivered to the ship with at least a measurable trace of halogen (chlorine or bromide). The Contractor shall provide a copy of a laboratory report to indicate that the water has been tested and meets FDA approval.

4.4.4 Fire Fighting Capability. Fresh or salt water pier hydrant services providing a minimum of 540 gallons per minute at 80-125 pounds per square inch (psi), shall be provided by the Contractor. Prior to layberth acceptance, the Contractor shall provide results of flow and pressure test for pier side fire hydrant, if applicable.

4.4.5 Telephone Service. Contractor shall provide three (3) local and long distance telephone line connections for each ship to include cables and attachment fittings.

4.4.6 Internet Service. Contractor shall provide internet service connections to include cables and attachment fittings. The internet service must be high speed data.

4.4.7 Sewage. The ship uses a Marine Sanitation Device (MSD) to discharge effluents into the surrounding water. Where discharge of MSD effluent into layberth waters is not permitted, the Contractor shall provide a means to receive and dispose of the effluent at 1600 gallons per week. The Contractor shall ensure that all effluent is handled and disposed of in accordance with applicable federal, state, and municipal laws and regulations.

4.4.8 Connect/Disconnect Services. On each occasion that the ship enters or departs the layberth, the Contractor shall be responsible for all connect/disconnect services, including, but not limited to, ship to shore electric power, potable water, steam, telephone services and sewage. Contractor is responsible for providing and rigging all hoses, and wiring to the ship for pier services. Ship’s equipment (such as the ship’s crane) and Operator may be available to assist the Contractor to connect/disconnect utilities.

4.4.9 Utility Usage Fees. Contractor is responsible for payment of the shore power, potable water, and telephone utility usage fees consumed by the vessel. Contractor shall be reimbursed these utility usage fees upon submission of properly certified invoices.

4.4.10 Garbage Collection. Contractor shall provide for pier side garbage collection, to include a suitable sized receptacle located within close proximity of the ship accommodation ladder. The Contractor shall provide for single stream recycling. Such service will provide for weekly removal of garbage. Federal, state and local recycling regulations shall be observed in the provision of receptacle and collection.

4.4.11 Compressed Air. Contract shall provide 125 psig compressed ships service air at a minimum capacity of 30 CFM and 100 gallons. Air shall be clean, dry, and oil free. Air line shall be fit with an air dehydrator, air filter and oil separator. Units shall be properly maintained through the duration of the contract.

4.4.12 Heat Exchanger Salt Water Cooling. Provide salt water cooling water supply and return for air conditioning and ship’s reefer machinery. Ship’s air conditioning condenser shall be supplied with, 125 psig at approximately 484 GPM. Ship’s refrigeration machinery shall be supplied with, 125 psig at approximately 55 psig. Provide and install all valves, fittings and hoses required to connect to the ship’s salt water cooling connection(s). Fittings shall include relief valves to protect vessel systems at indicated pressure settings. Connect and disconnect salt water cooling lines as required upon ship arrival, at each in-yard shift, for tests and trials and for ship’s departure. Units shall be properly maintained through the duration of the contract.

4.5 MAINTENANCE REQUIREMENTS. The layberth (including, but not limited to the pier and associated structures) shall be well preserved and maintained at all times. Barriers, including walls, fences and gates, shall be properly maintained at all times. This includes, but is not limited to, ensuring that all fences, gates, posts, and fabric are structurally sound. Contractor shall ensure that facility grounds (including roads, pier and parking area) are kept free of accumulated trash, debris, snow and ice. Shrubbery, trees, grass, and other vegetation shall be properly trimmed and shall otherwise present no obstacle to the preservation of proper facility security. In addition, a reasonable, unobstructed area or clear zone will be maintained on both sides of the perimeter security barrier.

4.6 SHIP MOVEMENT FOR MAINTENANCE. The Contractor shall be responsible for all costs related to ship movement for normal maintenance of the pier, fenders, moorings, and water depth including, but not limited to, the cost of the interim layberth, additional ship’s crew if applicable, and related factors. Any interim layberth shall be subject to approval by the Government.

Reduction in services as a result of such a move shall be subject to the terms and conditions of the contract including FAR 52.246-4, Inspection of Services – Fixed Price. Should the Contractor be unable to offer an acceptable substitute layberth during such a maintenance period, the

Government will have the option of acquiring temporary layberthing service of its choice, or anchorage, at the Contractor’s expense.

5.0 PIER SECTIONS. The following is a list of required capabilities on the pier:

• Shore Power- Shore power 450 VAC, 60 Hz, 3-phase, ungrounded. Two 400-amp shore power cables for one ship. Vessel is equipped with 400 amp breakers, P/S. Each ship shall be individually metered as supplied by Contractor. A Vessel representative shall witness and sign for each meter reading for billing.

• Telephone – 4 lines per ship

• Security guard – 24/7 – uniformed guard service at required at the layberth access control point.

• Metered Potable Water

6.0 OPTEMPO. Ship will be in Reduced Operating Status with minimal crew onboard conducting caretaker duties only. Ship is unlikely to get underway during contract period, but may be required in emergency situations.

7.0 STORM PREPARATIONS. If a hurricane/tropical storm will threaten the port and berth, it is expected that the ship will not activate or have sortie capability. The shipboard mooring system is nominally rated for sustained wind of 50 knots. Berth will need to provide adequate mooring arrangement to support vessel during storm event.

8.0 INSURANCE.

8.1 The Contractor shall, at its own expense, procure and thereafter maintain casualty, accident and liability insurance in an amount no less than $5,000,000, any one accident or occurrence for the duration of this contract. The aforementioned insurance will be for its protection against any liability or claims for damage to the Government vessel(s); or for damage or injury to the agents, servants, employees, invitees or licensees of the Government or to third persons or property of others incident to, or resulting from, the mooring and berthing of any Government vessel at the contract berth. The Contractor shall also indemnify the Government where damage or injury results from the aforementioned. Furthermore, except as otherwise specified in paragraph (b) of this clause, any losses incident to or resulting from the mooring and berthing of any Government vessel for which the Contractor may be held liable with the Government shall not be assumed by the Government to the extent such liability is in excess of insurance coverage as specified herein.

8.2 The Contractor shall be responsible and shall indemnify the Government against all liabilities, including, but not limited to, third party liabilities which result from oil spills, oil pollution or any violation of laws, due to the negligence of the Contractor.

8.3 Waiver of Maritime Liens. Neither the Contractor nor any of its subcontractors shall be entitled to a maritime lien upon the ship: The Subcontractor agrees that nothing in or contemplated by this contract creates or shall be construed to create any right to assert a maritime lien on the ship or to bring an action under the Public Ships Act, 46 U.S.C. §§ 31101-31113 or the Suits in Admiralty Act, 46 U.S.C. §§ 30901-30918.

8.4 The Subcontractor further agrees that this contract between Operator and Subcontractor creates no privity between itself and the Owner and that it is relying solely on the credit of the Operator for payment hereunder. The Subcontractor agrees that it is not authorized by either the Owner or the Operator to enter into contracts on behalf of the Government or the ship, nor is the Subcontractor entrusted with the management of the ship or authorization to pledge the credit of the ship. This contract is strictly for ship repair or alteration and does not create an agency agreement.

8.5 The subcontractor shall indemnify and hold harmless the Government, its agencies and instrumentalities, and the Operator, against all suits, actions, claim, costs or demands against the

Government, its agencies and instrumentalities and the Operator, for which the ship and its owner may be subject under this subcontract.

8.6 The subcontractor agrees to include, and require inclusion of, this clause, suitably modified to identify the parties, in all subcontracts at any tier for supplies or services and

8.7 The Contractor shall cause all its subcontractors to execute similar waivers.

BID SHEET

I) A complete Bid Response will include this completed sheet as well as the following attachments:

• Mooring fittings and fenders technical data

• Current water depth survey of the pier

• Berth diagram – plan and elevation views, with locations of mooring fittings, utilities, structures, obstructions, etc.

• Copies of pier lease permits

II) Cost Elements (5-month period)

(a) Layberth Per Diem Price -

(b) Connect/Disconnect Services

(c) Garbage Pick/Up (Weekly)

(d) Sewage disposal, if required, at 1600 gals. per week

III Cost Elements (additional 12-month option period)

(a) Layberth Per Diem Price-

(b) Connect/Disconnect Services

(c) Garbage Pick/Up (weekly)

(d) Sewage disposal, if required, at 1600 gals. per week

IV Pier Location/Address:

7. The required delivery is FOB Destination and acceptance date is 01 April 2021. Delivery and acceptance will occur at Contractor’s Facility.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:

Responsible sources shall provide the following:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2. Total Firm Fixed price

3. Any Discount Terms

4. Estimated time of delivery

5. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the statement of work (SOW).

6. Indicate principal place of performance and country of product origin.

7. Responses to the solicitation are due February 07 2022 at 10:00 am EST (Norfolk, VA). Quotes may be e-mailed to James Greene at james.e.greene7.civ@us.navy.mil . To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

Primary Point of Contact: James Greene (757) 443-2929 Secondary Point of Contact: Michael Rossik, at michael.e.rossik.civ@us.navy.mil

9. Provision 52.212-2 Evaluation—Commercial Items applies to this acquisition.

Award will be made in accordance with FAR Subpart 13.5 to a responsible quoter who provides a technically acceptable solution at a fair market price and who has acceptable past performance.

(a) The Government may issue a purchase order resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quote:

(i) technical capability of the item quoted to meet the Government requirement;

(ii) price;

mailto:james.e.greene7.civ@us.navy.mil

(iii) past performance, if applicable (see FAR 15.304); justification is required if this is not assessed when the value of the procurement is over the limits set in FAR 15.304(c)(3)(i) and any applicable deviations.

Award shall be made to the lowest priced technically acceptable quoter at a fair and reasonable price.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation.

To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

If utilized, a past performance evaluation will be conducted in accordance with FAR 13.106-2(b)(3)(ii)(C). The Government intends to utilize the Contract Performance Assessment Reporting System (CPARS) for past performance evaluations as a basis for anticipating successful/unsuccessful performance on this required effort. To be considered acceptable for past performance, a search of the CPARS must reveal no negative past performance information for the recent and relevant records. In the event there are no recent and/or relevant CPARS records, the quoter may submit information on recent and relevant subcontracts and/or commercial contracts. If no recent and relevant contracts are available in CPARS or submitted by the quoter, the quoter’s past performance record shall be considered “unknown.” In the context of acceptable or unacceptable, “unknown” past performance shall be considered “acceptable.” To be considered recent, the effort must either still be in progress or have been completed within the previous three (3) years from date of this draft award notice. To be considered relevant the record should be similar in terms of complexity, scope, and magnitude. “Scope” is defined as experience in areas defined in the SOW. “Magnitude” is defined as the measure of similarity of the volume, dollar value, and/or duration of work actually performed under the quoter’s submitted contracts to the SOW. At the quoter’s discretion, additional past performance information may be submitted with the quote as a supplement to CPARS. If furnished, this submission will be evaluated in accordance with the procedures described above.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) To consummate a binding contract between the parties, the successful quoter shall accept the purchase order in writing (see FAR 2.101).

(End of Provision)

10. Provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items applies to this acquisition. Complete and return with quote if required

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2021)

Microsoft Word Document

11. Clause 52.212-4 Contract Terms and Conditions – Commercial items, applies to this acquisition.

Quotes submitted in response to this solicitation shall not contain nor be subject to the vendor’s standard commercial terms and conditions. Any quote submitted in response to this solicitation, which includes the vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

12. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Nov 2021), applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282)

( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section

743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (NOV 2021) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business

Concerns (SEP 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the

Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21

_X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O.

13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108- 78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of…