Combined Synopsis-Solicitation_N4523A22Q1334 - COVID Testing.pdf
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Combined Synopsis Solicitation Puget Sound Naval Shipyard & Intermediate Maintenance Facility (PSNS & IMF)
COVID-19 Testing
1. 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.
2. PSNS & IMF, located in Bremerton, WA, is requesting proposals for the requirement listed in the attached Performance Work Statement (PWS).
3. Solicitation number N4523A22Q1334 is a Request for Proposal (RFP).
4. The Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 dated 26 May 2022, and Defense FAR Supplement (DFARS) Publication Notice 28 April 2022.
5. This requirement is a Total Small Business Set-Aside. Only those small business concerns that meet the NAICS code size standard will be considered for award.
6. The associated North American Industry Classification (NAICS) code is 621511, Medical Laboratories with a Business Size Standard of $36.0 million. The Product Service Code (PSC) is Q301, Medical - Laboratory Testing, Laboratory testing services
7. Puget Sound Naval Shipyard has a need for COVID-19 Testing, to provide testing services for selected employees, as needed, to ensure a healthy and safe environment.
8. The Government intends to award an Indefinite Delivery Indefinite Quantity (IDIQ) type contract, with Firm-Fixed Price (FFP) Commercial task orders. PSNS&IMF intends to utilize this non-personal service contract to obtain laboratory testing for COVID-19.
Period of performance: 15 August 2022 – 14 August 2024
List of Attachments:
Attachment 1: Pricing Schedule.
Attachment 2: Performance Work Statement, for a detailed description of the anticipated services Attachment 3: 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services and Equipment (NOV 2021) Attachment 4: Certificate of Testing for COVID-19_JAPAN
9. CLIN Structure:
The Contract Line-Item Numbers (CLIN) consist of:
CLIN 0001. PSNS & IMF Bremerton-Antigen Test Perform Rapid COVID-19 testing in accordance with the PWS requirements.
Period of performance is 15 August 2022 – 14 August 2024
FFP
FOB: Destination
PSC CD: Q301
Max Quantity: 988 Unit Price: __________________ Unit of Measure: Each Total Price: ___________________
CLIN 0002. PSNS & IMF Bremerton-PCR Swab Test Perform Rapid COVID-19 testing in accordance with the PWS requirements.
Period of performance is 15 August 2022 – 14 August 2024
FFP
FOB: Destination
PSC CD: Q301
Max Quantity: 1040
Unit Price: ___________________
Total Price: __________________
CLIN 0003. PSNS & IMF Bremerton-PCR Saliva Test
Period of performance is 15 August 2022 – 14 August 2024
FFP
FOB: Destination
PSC CD: Q301
Max Quantity: 156
Unit Price: ___________________
CLIN 0004. PSNS & IMF Bremerton-PCR Expedited Testing
Period of performance is 15 August 2022 – 14 August 2024
FFP
FOB: Destination
PSC CD: Q301
Max Quantity: 364
Unit Price: ___________________
10. 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. Contractor shall include delivery schedule information on the Pricing Schedule, Attachment 1.
11. Each vendor shall ensure the provision at FAR 52.212-3 including its Alternate I, Vendors Representations and Certifications--Commercial Items (Apr 2016), are updated at www.sam.gov.
Failure to obtain SAM registration will result in submissions not being considered for award.. 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.
12. Offeror’ s 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.
Point of Contact for small business questions or assistance is the Puget Sound Naval Shipyard and Intermediate Maintenance Facility Deputy for Small Business Juliet Roske. Direct (360)-476-1327 Email: Juliet.r.roske@navy.mil
NOTE: Late offers will be handled in accordance with FAR Clause 52.212-1 Instructions to Offerors - Commercial Items. No facsimile submissions will be accepted. Proposals are due by 9:00 a.m. Pacific Standard Time on 26 July 2022.
13. FAR 52.212-1 Instructions to Offeror -- Commercial Products and Commercial Services (NOV 2021) is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect. The following have been tailored to this procurement and are hereby added via addendum:
To assure timely and equitable evaluation of the proposal, the vendors must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.
Specific Instructions: The response shall consist of two (2) separate parts:
Part 1- Price – Submit one (1) copy of price schedule (Attachment 1).
The offeror shall submit a price for each individual Contract Line Item Number (CLIN) and provide a net amount and duly complete this solicitation.
The extended amount must equal the whole dollar unit price multiplied by the number of units. Incomplete pricing may result in a quotation being no longer considered for award.
The sum of all extended amounts will be the offeror’ s total proposed price.
Part 2- Technical Acceptability - Submit one (1) copy of technical acceptability narrative in accordance with the PWS. The technical acceptability must include the following items at a minimum.
Sub-factor 1-Offeror’s capability statement.
Sub-factor 2-Offeror’s technical approach to meeting full contract performance within 7 calendar days of contract award.
Sub-factor 3-Offeror’s technical approach to meeting PWS para 5.1. in its entirety.
14. FAR 52.212-2 Evaluation -- Commercial Products and Commercial Services (NOV 2021) this provision has been tailored to this procurement and is provided in full-text below:
The Government will award a contract resulting from this solicitation to the responsible vendors 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 offers:
Price
Technical Acceptability
Price and technical acceptability will be considered. The Government intends to evaluate offers and award without discussion, but reserves the right to conduct discussions. Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price and technical standpoint. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision)
Basis for Award. This is a competitive, Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS). By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, the offeror accedes to the terms of this model contract.
Failure to meet a requirement may result in an offer being determined unacceptable. Award will be made to the lowest total priced offer that meets the minimum standards for technical acceptability.
The evaluation process includes the following.
Part 1- Price. The government will rank all offers based on total price offered. The offeror’ s price proposal will be evaluated for fairness and reasonableness.
The lowest priced quote will be evaluated for technical acceptability. If the quote is found technically acceptable, award will be made without further consideration. If it is found technically unacceptable, the Government will evaluate the next lowest quote for technical acceptability until award can be made to the lowest priced technically acceptable vendors.
Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price and technical standpoint.
Part 2 – Technical. The Government will evaluate technical proposals on an overall “acceptable” or “unacceptable” basis. Offeror’ s must receive “acceptable” rating for each sub-factor to receive an overall “acceptable” rating in the technical evaluation. In the event one or more sub-factors receive an “unacceptable” rating, the proposal will receive an overall “unacceptable” rating in the technical evaluation and will not receive further consideration.
Table 1. Technical Ratings Rating Description
Acceptable 1. Proposal contains the offeror’ s capability statement.
2. Proposal clearly explains the offeror’ s technical approach to meeting full contract performance within 7 calendar days of contract award.
3. Proposal clearly explains the offeror’ s technical approach to meeting PWS para 5.1. in its entirety.
Unacceptable The offeror failed to submit the required documents for proposal submission;
OR
1. Proposal does not contain the offeror’ s capability statement.
2. Proposal does not explain the offeror’ s technical approach to meeting full contract performance within 7 calendar days of contract award.
3. Proposal does not explain the offeror’ s technical approach to meeting PWS para 5.1. in its entirety.
15. The following FAR/DFARS provisions, and clauses applicable to this solicitation are below: The full text of the clauses/provisions from the FAR and DFARs can be accessed via the internet using the following web -site addresses: https://acquisition.gov
Provision 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 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
FAR 212-3 Offeror Representations and Certifications – Commercial Products and Commercial
Services (Nov 2021)
DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials
(NOV 2011)
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 (MAR 2022)
(End of provision)
Clauses Incorporated by Reference:
The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (NOV 2021), is hereby incorporated by reference, with the same force and effect as if it were given in full text.
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 52.223-6 Drug-Free Workplace (MAY 2001)
FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
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 (SEP 2013)
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 (OCT 2016)
DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
(DEC 2019)
DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
(MAY 2016)
DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2021)
DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. (MAR 2022)
DFAR 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)
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 252.232-7011 Payments in Support of Emergencies and Contingency Operations (MAY 2013)
DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)
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 Items (JAN 2021)
Clauses Incorporated by Full Text: The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAY 2022), applies to this acquisition and the additionally, the following clauses apply to this acquisition
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jan 2022)
(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 :
_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)
_X_ (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).
_X_ (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 HUB Zone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C.
657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUB Zone 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 Re-representation (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, Non-manufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
_X_ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (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.
_X_ (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).
_X_ (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 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services , 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 :
_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
Applicable Service Contract Labor Standards Wage Determination will be based on the awardee’s primary place of performance.
_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
In compliance with the service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.53.
https://www.dcpas.osd.mil/BWN/AFWageSchedules/
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.
1792).
(d) Comptroller General Examination of Record . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid , is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215- 2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States , or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor ’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials , and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data , regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services . Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 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)).
(iii) 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).
(iv) 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).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns ) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiii) _X_(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
___(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May2014) ( 41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
FAR 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 30 June 2022 through 29 June 2024.
(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.
FAR 52.216-19 Ordering Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $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 $270,000.00;
(2) Any order for a combination of items in excess of $270,000.00; 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.
FAR 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.
(b) 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."
(c) 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.
(d) 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 29 June 2024.
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:
FAR: https://www.acquisition.gov
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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):
(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.
2 IN 1 Invoicing
(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.
(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.
WAWF email notification. The Contractor shall enter the email address identified below in the “Send Additional Email Notification” field of WAWF once a document is submitted in the system.
Contract Specialist: Brandon M. Sisson
Email: brandon.m.sisson@navy.mil
Phone: (360) 979-9985
Inspector: To be determined at award
Command Services Inbox C440.commandserv.fct@navy.mil
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
PSNSASKAccountsPayable@navy.mil;
PSNS_C610.22CERT.FCT2@navy.mil;
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
16. Please submit your proposal, along with the rest of the solicitation requirements in the current solicitation, no later than 26 July 2022 by 9:00 AM Pacific Time via email to Brandon Sisson at brandon.m.sisson@navy.mil , Remo Dela Cruz at remodino.delacruz@navy.mil , and Code 440 Command Services C440.commandserv.fct@navy.mil. Proposals submitted after solicitation closing will not be considered.
17. Solicitation questions shall be submitted electronically via email to Brandon Sisson at brandon.m.sisson@navy.mil , Remo Dela Cruz at remodino.delacruz@navy.mil, no later than 14 July 2022, 9:00 AM Pacific Time. Responses will be posted to sam.gov.
18. No Defense Priorities and Allocations System (DPAS) assigned rating applies to this acquisition.
File details come from the government source that posted it. Updated .