Commercial Solicitation N6893623Q0159.docx

N6893623Q0159

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name: Kyle Hedman, CS Phone: 760-793-3166 Email address: kyle.d.hedman.civ@us.navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

Name: Brad Watson, PCO Phone: 760-977-2163 Email address: john.b.watson.civ@us.navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

QUOTE #__________ DATED__________

Partial Shipment/Partial Payment is ACCEPTABLE by complete line item only.

EARLY DELIVERY IS ACCEPTED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

Vendor Contact:

Name: ____________________________________ Phone: ____________________________________ Fax: ____________________________________ Email: ____________________________________

Technical Contact:

Name: ___________________________________ Phone: ___________________________________ Email: ___________________________________

SHIPPING INSTRUCTIONS ARE LOCATED IN SECTION F OF THIS DOCUMENT.

Invoicing instructions are located in Section G of this document.

Section B - Supplies or Services and Prices

GPS System

FFP

FOB: Destination

NSN: 16801000000708

PURCHASE REQUEST NUMBER: 1301070780

PSC CD: 1680

NET AMT

B-TXT-STRMLND Streamlined Ordering Procedures for Cost Plus Fixed Fee Term Level of Effort (LOE) Orders (MAR 2020)

LOE Orders will be issued under this contract using the following streamlined ordering procedures:

(1) For each proposed order, the contracting officer will provide the contractor with a Statement of Work (SOW) and an Independent Government Cost Estimate (IGCE). The IGCE is an estimate of labor hours by labor category utilizing the estimated and negotiated Composite Labor rates table below to calculate the total estimated cost for the proposed Task Order (TO). The TO fixed fee is calculated using Section H Clause 5252.232-9510 PAYMENT OF FIXED FEE (NAVAIR).

(2) These Composite rates are estimates, and invoicing will be based upon actual costs incurred. Ceiling for Other Direct Costs (ODC) will be priced in accordance with the Government estimate. TOs crossing multiple years will be estimated by the Government using the composite rates for each year in proportion to the period of performance of the TO.

(3) Within three (3) working days of receipt of the SOW and IGCE, the contractor will respond:

(i) If the contractor agrees that it can perform the TO within the parameters of the SOW/IGCE, they will notify the contracting officer within three (3) working days of receipt of the SOW and IGCE. If the requirement remains valid, a priced order will be issued to the contractor.

(ii) If the contractor does not agree with the SOW or IGCE the contractor shall submit a proposal to the contracting officer within five (5) working days of receipt of the SOW and IGCE, addressing only the specific areas of difference in labor categories and/or hours in the IGCE. Once the differences are resolved between the contracting officer and the contractor, and the requirement remains valid, a priced order will be issued to the contractor.

(iii) If the contractor fails to respond to the proposed order within five (5) working days of receipt of the TO, the contracting officer may unilaterally issue the TO or extend the deadlines above when in the best interest of the Government.

Project Lead*

Software Developer, Senior*

Software Developer, Journeyman

Information Technology Specialist, Senior*

Information Technology Specialist, Journeyman

Information Technology Specialist, Junior

Acquisition Analyst, Senior*

Acquisition Analyst, Journeyman

Acquisition Analyst, Junior

Management Analyst, Senior*

Management Analyst, Journeyman

Management Analyst, Junior

Financial Analyst, Senior*

Financial Analyst, Journeyman

Financial Analyst, Junior

*Indicates Key Personnel

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work Global Navigation Satellite System Wavefront Simulator Dated 16 Feb 2023 Delivery 12 Weeks ARO

1.0 BACKGROUND

The Naval Air Warfare Center Weapons Division (NAWCWD), China Lake, requires the acquisition of a new Global Navigation Satellite System (GNSS) Wavefront Simulator. A GNSS Wavefront Simulator is a computer equipped with radio frequency (RF) that generates simultaneous multiple Global Positioning System (GPS) signals virtually identical to the signals produced by actual GPS satellites. A controlled, customizable simulation of GPS signals allows users to test GPS equipment as part of the development and evaluation of GPS and navigation scenarios that may occur in the field.

Established in 2018, the NAWCWD GPS Enterprise Team (GPSET) was formed with the intent of making NAWCWD a center of expertise on GPS matters for the entire Navy, especially as Military-Code (M-Code) implementation becomes an increasingly urgent priority for the entire Department of Defense (DoD). M-Code is the successor to the United States Government’s (USG) Y-Code, an encrypted jam- and spoof- resistant GPS signal available to authorized users. M-Code provides a more robust anti-jam and anti-spoof signal than Y-Code.

A GNSS Wavefront Simulator is a key part of assisting the USG in test and evaluation efforts leading to fleet-wide deployment of M-Code weapons. A new GNSS Wavefront Simulator is required to support the GPSET mission.

Scope of Work

The contractor shall provide a GNSS (Global Navigation Satellite System) Wavefront Simulator (“Simulator”) that, at a minimum, meets the specification requirements outlined below in Section 3.0. Delivery is required to NAWCWD China Lake, California No Later Than (NLT) 12 weeks after contract award.

2.0 APPLICABLE DOCUMENTS

3.0 REQUIREMENTS

The contractor shall supply a GNSS Wavefront Simulator in new and unused condition that is capable of:

1) Simultaneous simulation and transmission of seven individually customizable and controllable signals (“antenna elements” or “elements”) through seven separate RF outputs on the Simulator;

2) Meeting or exceeding performance parameters described in the rest of section 3.0. Note that each element must be individually capable of meeting or exceeding the performance parameters EXCEPT where specifically noted.

GNSS Wavefront Simulator Performance Parameters.

3.1 GNSS Codes – Must be capable of simulation and subsequent transmission of the following GNSS frequencies as defined in the standards listed in Section 2.0:

3.1.1 GPS L1: C/A, P, Y, Advanced Encryption Standard (AES) Military Code (M-Code), Modernized NAVSTAR Security Algorithm (MNSA)

3.1.2 GPS L2: P, Y, AES M-Code, MNSA, C

3.1.3 ***OPTIONAL*** Support for L1C and L5 signal frequencies

4.0 DELIVERY

4.1. The contractor shall deliver and install the GNSS Wavefront Simulator deliverables to NAWCWD, China Lake, Ca 93555 Building 1400, room A-8 no later than 12 weeks after award.

4.2 The contractor shall include a line item for the price of delivery to NAWCWD, China Lake, CA 93555 if required.

5.0 SECURITY

5.1 Information Security. Direct Support contractor personnel working under the purview of a DoN Commanding Officer/Commander shall comply with the local security provisions and the requirements of SECNAVISNT 5510.36B. The contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of controlled unclassified information and to control distribution of controlled unclassified information in accordance with NISPOM 32 CFR Part 117, 24 Feb 2021, and SECNAVISNT 5510.36BCUI information generated and/or provided under this contract shall be marked and safeguarded as specified in DoDI 5200.48, Controlled Unclassified Information (CUI). Contractor shall not store or transmit CUI on personal information technology systems or via personal e-mail. Unclassified e-mail containing any DoD CUI shall be encrypted. Prior to sending CUI to any non-Navy Marine Corps Internet (NMCI) addressees, the sender must first positively verify all recipients are authorized access to CUI and have need-to-know. Non-NMCI recipients must have a DoD compliant Private Key Infrastructure (PKI) certificate that enables electronic transmission via unclassified networks while protecting the CUI with a digital signature and encryption.

5.2 Operations Security (OPSEC). The contractor shall comply with the OPSEC requirements outlined within the DD Form 254.

The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the contractor and any subcontractor during performance of the contract. The contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The OPSEC program shall be in accordance with DoD and DON operations security (OPSEC) requirements, to include:

1) Assignment of responsibility for OPSEC direction and implementation

2) Planning guidance for the use of the OPSEC Process to identify vulnerabilities and apply applicable countermeasures (Contact NAWCWD Industrial Security Office for a current OPSEC Annex and CI Guide)

3) Establishment of OPSEC education and awareness training

4) Provisions for management, annual review, and evaluation of OPSEC programs

5) Oversight for accountability of OPSEC requirements to subcontractors

Personnel Security. The contractor shall provide personnel with the appropriate personnel security clearance levels for the work to be performed. Access to a classification level of SECRET information is required in the performance of this contract and shall be in accordance with the DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), incorporating change 2, 18 May 2016, applicable DoD personnel security regulations, and DoD Contract Security Classification Specification (DD Form 254). The contractor shall maintain sufficiently cleared personnel to perform the tasks required by this SOW IAW the DD Form 254 and the contract. All contractor personnel shall possess the requisite security clearance, accesses, and need-to-know commensurate with the requirements of their positions.

All contractor personnel with access to unclassified information systems, including e-mail, shall have at a minimum a favorable Tier 3 (T3) investigation.

Section I of the contract. Concerning Subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the contractor must seek specific approval from the Contracting Officer, with approval from the NAWCWD Public Affairs Office (PAO).

Section D - Packaging and Marking

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

(NAVAIR) (AUG 2019)

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

DELIVERY INFORMATION

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

(NAVAIR) (AUG 2019)

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."

Section G - Contract Administration Data

G-TXT-0002 NAWCWD NAVY ERP BILLING AND PAYMENT INSTRUCTIONS (AUG 2022)

When submitting a request for payment, the Contractor shall—

(a) Identify the contract line item (CLIN) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each CLIN and Accounting Classification Reference Number (ACRN) included in the payment request.

(c) Provide an electronic copy of each invoice to the Contracting Officer’s Representative (COR) at the time of submission in WAWF when the following apply –

(1) Cost reimbursable contract, and

(2) Type of payment request is cost voucher, and

(3) COR is assigned to the contract

The payment office will make payment from each ACRN in accordance with the amounts invoiced by CLIN/ACRN/SLIN as referenced on the contractor's invoice.

Section H - Special Contract Requirements

H-TXT-EQR California earthquake recovery efforts July 2019 - Earthquake Recovery

Emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" as they relate to the California earthquake recovery efforts identified on July 2019 apply to this procurement.

Contracting officers consult the Disaster Response Registry via the System for Award Management (SAM) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities.

Section I - Contract Clauses

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

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

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements--Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall--

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be--

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

(End of clause)

Section K - Representations, Certifications and Other Statements of Offerors

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the…