CSS N0017324RMB05.pdf

SOLICITATION NO. N00173-24-Q-MB05

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in

Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number N00173-24-Q-MB05 is issued as a request for proposal (RFP), under FAR subpart

13.5.

Solicitation documents and incorporated provisions are those in effect through Federal Acquisition

Circular (FAC) 2023-01, DPN 20230131 and NMCARS 18-22.

Offerors shall be registered in the System for Award Management (SAM) database and shall complete

Representations and Certifications. Registration in the SAM database can be accomplished at the website https://www.sam.gov.

SECTION I: GENERAL INFORMATION

Solicitation Type Request for Proposal, following FAR Subpart 13.5 procedures

Solicitation Number N00173-24-Q-MB05

Post Date 12/1/2023

Response Date / Time 1/4/2024, 12 PM EDT

NAICS Code 562211

Size Standard $47 Million

Product or Service Code F108

Set-Aside N/A – Full and Open Competition

Contract Type

This is a Single Award, Indefinite Delivery, Indefinite Quantity (IDIQ), contract with task orders issued on a Firm Fixed-Price (FFP) basis. The ordering period of performance is five years plus a six-month extension period IAW FAR 52.217-8. No funds will be obligated on the base IDIQ contract; all funds will be obligated on individual Task Orders.

Point(s) of Contact Michael Broomfield, Contract Specialist, Michael.broomfield@nrl.navy.mil

All changes to this solicitation, that occur prior to the closing date, will be issued via amendment posted to the announcement, on Government-wide Point of Entry (sam.gov). It is the responsibility of interested vendors to monitor the announcement for amendments that may be issued to this solicitation. For changes made after the closing date, only those vendors that provide a quote will be provided any changes/amendments and considered for future discussions and/or award.

Questions must be submitted to the Point of Contact, listed above, no later than seven (7) days after the Posted Date.

SECTION II: REQUIREMENT INFORMATION

The Naval Research Laboratory (NRL) has a requirement for Hazardous Waste Disposal, Laboratory

Analysis and emergency services, to include all necessary labor, supervision, equipment, materials, packing, containers, labels, packing slips, Land Disposal Restriction documents, Manifests (State and

Uniform Hazardous Waste Manifest), and services. The Contractor shall provide items designated by

NRL’s Hazardous Waste Coordinator to accomplish the profiling, packaging, labeling manifesting, transportation and off-site (off NRL property) treatment, stabilization and/or disposal, and the sampling of unknown materials, on an as needed basis. The Contractor shall also be responsible for the disposal and or treatment of per-and Polyfluoroalkyl substances (PFAS), Perfluorooctanoic acid (PFOA), Perfluorooctane

Sulfonic Acid (PFOS), and Gen X contaminated waste, waste water, soil or equipment, fire testing support and rental equipment.

The anticipated line item structure, for the Indefinite Delivery Indefinite Quantity (IDIQ) contract, with

Firm-Fixed Priced (FFP) delivery orders, is based on the items outlined in the Statement of Work

(Attachment 1).

In accordance with FAR 52.204-22, alternative line items structures that best reflect the Vendor’s practices and proposed items may be submitted.

60-MONTH ORDERING PERIOD

INSTRUCTIONS: OFFEROR’S SHALL FILL IN THE BELOW SCHEDULE OF SUPPLIES/SERVICES FOR CONTRACT LINE-ITEM

NUMBERS (CLINS) 0001 THRU 0005; COMPLETE THE ATTACHED MICROSOFT EXCEL SPREADSHEET CLIN PRICING

ATTACHMENT “SCHEDULE OF WASTE DISPOSAL SERVICES” (ATTACHMENT 5), AND THEN INSERT THE TOTALS IN

THE BELOW SECTION II SCHEDULE OF SUPPLIES/SERVICES FOR THE APPLICABLE CLINS. FOR CLINS 0001, 0004

AND 0005, THE GOVERNMENT HAS PROVIDED THE ESTIMATES AS PLUG-IN AMOUNTS. OFFERORS SHALL NOT

CHANGE THE AMOUNTS. THE GOVERNMENT PROVIDED ESTIMATES SHALL BE APPLIED EQUALLY TO ALL PROPOSALS

FOR EVALUATION PURPOSES.

ITEM SCHEDULE OF SUPPLIES/SERVICES EST QTY UNIT UNIT PRICE AMOUNT

CLIN 0001 Normal / Routine Removal and Disposal of

Hazardous Waste

20 EA

CLIN 0002 Pumpout and disposal of 10,000 Gallon Frac

Tank Waste

30 EA

CLIN 0003 Equipment Rental 60 MO

CLIN 0004 On-Demand Services including

Decontamination / Decommission and Lab

Clean-out

20 EA

CLIN 0005 Emergency Response Services 5 EA

CLIN 0006 CDRLS EXHIBIT A NSP

TOTAL PRICE

6 MONTH OPTION PERIOD IAW FAR 52.217-8 – OPTION TO EXTEND SERVICES*

ITEM SCHEDULE OF SUPPLIES/SERVICES EST QTY UNIT UNIT PRICE AMOUNT

CLIN 1001 Normal / Routine Removal and Disposal of

Hazardous Waste

EA

CLIN 1002 Fire Testing Support EA

CLIN 1003 Equipment Rental MO

CLIN 1004 Decontamination / Decommission of Lab

Equipment and Lab Clean-out

EA

CLIN 1005 Emergency Response Services EA

CLIN 1006 CDRLS EXHIBIT A NSP

TOTAL PRICE

*To be completed by Government prior to award.

Contract Minimum and Maximum Limitations:

a. The Government is obligated to place a task order in the amount of $2,500, which is the contract minimum, and may pace additional task orders on the contract for up to the maximum base IDIQ contract ceiling.

b. The Government reserves the right to award only the minimum of $2,500.

Note: The initial Task Order will be awarded with the base IDIQ contract.

SECTION III: DELIVERY AND OTHER REQUIREMENT INFORMATION

IDIQ ORDERING PERIOD: Date of Award through five (5) years

INSPECTION / ACCEPTANCE: Inspection acceptance will be in accordance with FAR 52.212-4, unless the

Contracting Officer determines other acceptance procedures to be more appropriate for the acquisition of this commercial item.

FOB POINT: DESTINATION, Free of expense to the Government, in accordance with FAR 52.247-34.

TASK ORDER INSTRUCTIONS

(a) The effective period of this contract during which task orders may be issued is from date of contract award through five (5) years.

(b) Each task order shall specify the period of performance.

(c) Any deliverables required, under each order, shall be shipped FOB Destination, Naval Research

Laboratory, Washington DC 20375-5320, consigned to:

Contracting Officer's Representative*

Naval Research Laboratory

Contract Number : *

Delivery Order Number: *_____________

Building: *

Code: *

4555 Overlook Avenue, SW

Washington DC 20375-5320

SECTION IV: SUBMISSION & PROPOSAL REQUIREMENTS

FAR 52.212-1, Instructions To Offerors— Commercial Products And Commercial Services (NOV

2021) - AND ADDENDA TO FAR 52.212-1 applies to this acquisition.

FAR 52.212-1 Additional instructions have been included via addenda (See Attachment 2)

SECTION V: FAR 52.212-2 - EVALUATION - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer 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:

Factor 1: Technical Capability

Factor 2: Past Performance

Factor 3: Small Business Participation & Small Business Subcontracting Plan

Factor 4: Price

The evaluation factors are listed in descending order of importance.

Technical Capability and Past Performance are equally important and when combined, are more important than price. However, as non-price factors become closer in perceived value, price considerations will become more important.

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

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FACTOR 1: TECHNICAL CAPABILITY:

The Government will evaluate proposals based on how well the proposed service(s)s meet the requirement of the Statement of Work Attachment.

For the purpose of evaluation, Technical Capability is defined as the ability to meet or exceed the requirements in the statement of work, to include:

Ability to service all seven locations identifiedin Section IV of the Performance Work

Statement (PWS).Ability to provide service during all service times, to all seven locations, as outlined in Sections IV & VI of the PWS

Currently hold, and have the ability to maintain, and achieve compliance with all regulations, permits, licenses, public laws, occupations health safety and environments protection regulations, Federal, State, and local regulations, as outlined in Section VII of the PWS The Offeror and all proposed subcontractors shall submit copies of all permits and licenses with their technical proposal.

Ability to provide the required services as outlined in Section VIII of the PWS.

Ability to provide detailed and timely documentation, deliverables and reports, as outlined in Section IX of the PWS.

General statements, that the offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFP's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical proposal.

FACTOR 2: PAST PERFORMANCE:

This volume shall contain past performance information regarding similar contracts. Offerors shall submit contracts for the prime Offeror and each major subcontractor either currently in performance or awarded within the past five (5) years from the release date of this RFP, which are relevant to the efforts required by this solicitation. Relevant efforts are defined as services that are the same as or similar as compared to the North American Industry Classification (NAICS) 562211. Relevant efforts must also be for hazardous waste disposal services for commercial or Governmental clients that are on average

$1M/Year. Major subcontractors are defined as members of an Offeror’s overall team who are expected to perform twenty percent (20%) or more of the proposed effort. This volume should be organized into the following sections:

(a) Table of Contents

(b) Glossary

(c) Introduction

(d) Questionnaires and/or CPARS reports

(e) Previous Contracting Narratives

In addition to below, the Government may review any other sources of information for evaluating past-performance. Other sources may include, but are not limited to past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS) and the Federal Awardees Performance and Integrity Information System (FAPIIS), using the CAGE codes of the Offeror and any team members

(subcontractors, partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, and any other known sources not provided by the Offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror.

Offerors shall provide Past Performance Questionnaires (PPQ) (Attachment 06 – Past Performance

Questionnaire) and/or CPARS Reports with their proposal for a maximum of 3 relevant efforts either completed or ongoing within the last five years as of the date of this solicitation release.

If an Offeror anticipates utilizing a major subcontractor, teaming arrangement, joint venture, etc., the Offeror may submit Past Performance Questionnaires and/or CPARS Reports for the subcontractor, teaming partner, etc, but the maximum of 3 relevant efforts still applies.

For each of the Past Performance reference submitted, the Offeror shall also provide a Previous Contracting

Effort Narrative detailing the following information:

(i) Describe how the scope for this past contract/task order relates to this solicitation in size, scope, and complexity.

(ii) Describe significant achievements, challenges or obstacles that were encountered during contract performance and the measures taken to overcome them.

(iii) Provide performance criteria/measures that were applied in evaluating performance, for each contract identified. The performance criteria/measures should be specific and show the target performance levels that are/were set forth under the applicable contracts as well as the level of performance achieved, for the most recent period of performance of each contract.

FACTOR 3: SMALL BUSINESS PARTICIPATION & SMALL BUSINESS SUBCONTRACTING

PLAN

All offerors (both other than small businesses (OTSB) and small businesses) shall submit a Small

Business Participation Plan and provide substantiating documentation to demonstrate how the Offeror will meet the objective for the Government to use Small Business Concerns to the maximum extent practicable.

Pursuant to FAR Part 19, the Government’s objective is that Small Business Concerns (SBC) are used to the maximum extent practicable in the Offeror’s proposed approach to satisfy the requirements of this solicitation for the entire performance period. The offeror shall provide the following in the Small

Business Participation Volume:

a. The prime offerors size status.

b. Identify the type, variety and complexity of the work to be performed by small business firms in accordance with the SOW.

c. Describe and demonstrate a substantive commitment to small business firms.

d. The offeror shall provide the participation percentage of small businesses in terms of the Offeror’s value of the total acquisition (total contract value).

OTSB’s may achieve the small business participation requirments through subcontracting to small business. Small Business contractors may achieve small business participation requirments either through their own performance/participation as a prime contractor and also through a joint venture, teaming arrangement and subcontracting to other small businesses.

e. Only OTSB’s shall provide a separate Small Business Subcontracting Plan that contains the elements required by FAR 52.219-9. The Small Business Subcontracting Plan shall be submitted separately from the information required by the Small Business Participation Plan. The plan at a minimum shall address the elements set forth in FAR 52.219-9(d)(1) through (15). OTSB Firms shall submit acceptable subcontracting plans to be considered eligible for award. Subcontracting Plans will only be evaluated for acceptability for the Offeror deemed to be the apparent awardee. The Small Business Subcontracting Plan is excluded from the small business page count.

FACTOR 4: PRICE:

The Offeror shall complete the requested pricing schedule in the solicitation (Section B and the attached

Schedule of Disposal Services). For the CLINs where the Government has provided estimates, the Offeror shall only use the Government provided estimates for the totals. Offerors shall not change the

Government plug numbers. Pricing shall be inserted in the Schedule B table. MS Excel spreadsheets shall be completed using Excel for the schedule of Disposal Services and submitted in Excel format. Missing price information shall render the proposal invalid.

EVALUATION FACTORS FOR AWARD

A. BASIS FOR AWARD

The award will be made based on the best overall proposal with appropriate consideration given to the following four evaluation factors: Technical, Past Performance, Small Business Participation, and Price.

The Technical and Past Performance factors and are of equal importance and when combined are more important than price. Award will be made to the single responsible offeror, whose proposal has been determined to be most advantageous to the Government. Offerors must be rated as acceptable for all factors to receive the award. Price will be evaluated in accordance with FAR 13.106-2. The Government intends to evaluate proposals and make award without discussions. Offerors should ensure the completeness of their proposals and offer their best terms and conditions with their initial proposals.

NOTE: In order to be considered for award, offerors must be registered in the System for Award

Management (SAM) under NAICS 562211 (Size Standard $47M).

B. FACTORS TO BE EVALUATED

The proposal will be evaluated to determine whether the Offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the Request for Proposal

(RFP). The proposal will be evaluated to determine the extent to which each requirement has been addressed in the proposal in accordance with the proposal submission section of the RFP.

FACTOR I – TECHNICAL

Each requirement will be assessed an adjectival rating of Outstanding, Acceptable or Unacceptable, based on whether the information submitted both meets and exceeds requirements, meets requirements, or does not meet requirements.

FACTOR 2: PAST PERFORMANCE

The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts of the SOW. The Past Performance factor considers each offeror’s demonstrated recent and relevant record of performance in providing services that meet the contract requirements. Recent past performance is considered as efforts awarded or substantially performed during the past five (5) years, from the issue date of this RFP, Relevant past performance is considered being how relevant a recent effort or efforts accomplished by the offeror were to the solicited effort. Relevant efforts are defined as services that are the same as or similar services as compared to the North American Industry Classification System (NAICS) Code 562211.

In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable and/or a corresponding PPI questionnaire was not independently received by the Government before the date offers are due, the offeror will not be assessed either favorably or unfavorably on Performance Confidence, as the degree of confidence known to the Government cannot be adequately determined and is therefore unknown.

RATINGS:

PAST PERFORMANCE RELEVANCY RATING METHOD

ADJECTIVAL RATING DESCRIPTION

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

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

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

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

PAST PERFORMANCE CONFIDENCE ASSESSMENT RATING METHOD

ADJECTIVAL RATING DESCRIPTION

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

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

Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

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

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

FACTOR 3: SMALL BUSINESS PARTICIPATION & SMALL BUSINESS SUBCONTRACTING

PLAN

In accordance with DFARS 215.304(c)(i), the Government will evaluate whether the Offeror’s (both small businesses and other than small businesses) proposed Small Business Participation Commitment

Document Plan meets the below small business objectives and includes documentation to support how the Offeror will meet their proposed Small Business participation commitment. The Offeror’s Small

Business Participation will be rated using Table below. A rating of “Acceptable” must be achieved to be considered for award.

The Government will evaluate the following:

Whether or not, in accordance with, FAR Part 19, Small Business Concerns (SBC) are specifically identified by name in each category in the Offeror’s SB proposal and the Offeror’s commitment to SBCs.

The type, variety, and complexity of work SBCs are proposed to perform IAW the work supporting PWS paragraphs. Whether or not the Offeror demonstrates a substantive commitment to SBCs, such as letters of commitment, Joint Ventures, mentor/protégé agreements, or other demonstrations of commitment.

Binding commitments will become enforceable/contractual requirements. Whether or not the Offeror’s proposed SBC participation percentage, or alternatively, the Offeror provides explanation and/or documentation supporting why small businesses were not identified.

a. The Offeror provides participation percentage in terms of the Offeror’s proposed value of the total acquisition (total contract value), which is the total proposed cost/price for the base and all option years.

b. The Government will also evaluate the Offeror’s detailed explanations/documentation supporting their proposed quantitative participation.

Whether or not the Offeror complied with and provided past performance information to demonstrate the requirements of FAR 52.219-8, Utilization of Small Business Concerns.

The Offeror’s Small Business Subcontracting Plan, when it is required. The Small Business

Subcontracting Plan is required (FAR 52.219-9) for Other Than Small Businesses (OTSB) offerors

ONLY (i.e., Large Businesses). OTSB Firms must submit acceptable subcontracting plans in accordance with FAR 52.219-9 to be eligible for award. Any Small Business Subcontracting Plan submitted shall be relevant to the Small Business Participation.

NOTE: Subcontracting plans will only be reviewed for acceptability for the Offeror deemed to be apparent awardee.

Small Business Participation Rating Definitions are listed in Table below.

Table – Small Business Rating Definitions

Rating Description

Acceptable Proposal indicates an adequate approach and understanding of the small business objectives

Unacceptable Proposal does not meet small business objectives

FACTOR 4: PRICE

Price will be evaluated in accordance with FAR 13.106-2. For evaluation purposes, the Government will evaluate price by adding the total of all CLIN prices (from Section II of the RFP), including all options.

For the CLINs where the Government has provided “plug numbers”/estimates, the Offeror shall use the

Government provided estimates for the totals. The Government will verify that the attached Schedule of

Disposal Services and Supplies totals match what the contractor transcripts to Section II. Reasonableness will be established using historical price information, price competition information, the Independent

Government Estimate (IGE), and any other pricing tools necessary. Offers that are unbalanced between years may be found unacceptable.

(End of provision)

SECTION VI: FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), ALTERNATE I

(NOV 2021) apply to this acquisition. Offerors shall have and maintain active annual Representations and

Certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov .

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

If paragraph (j*) of the provision applies, a written submission is required:

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) Outside the United States.

SECTION VII: FAR 52.212-4, CONTRACTS TERMS AND CONDITIONS -- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES -- (NOV 2021) applies to this acquisition.

SECTION VII.A: ADDITIONAL FAR and DFARS PROVISIONS, INCORPORATED BY

REFERENCE, THAT APPLY TO THIS SOLICITATION:

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far https://www.sam.gov/ https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and

Information (PGI): https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

Department of the Navy Acquisition Regulations

(NMCARS): https://www.secnav.navy.mil/rda/Pages/NMCARS.aspx

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

[IDIQ contract with firm-fixed-price task orders]

FAR 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

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 ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICS – REPRESENTATION (MAY 2021)

DFARS 252.213-7000, NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF SUPPLIER

PERFORMANCE RISK SYSTEM IN PAST PERFORMANCE EVALUATIONS (SEP 2019)

DFARS 252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012)

DFARS 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA—BASIC (JUL 2019)

DFARS 252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME. MAY 2022

DFARS 252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE

UNMANNED AIRCRAFT SYSTEMS (DEVIATION 2020-O0015) (MAY 2020)

DFARS 252.239-7017 NOTICE OF SUPPLY CHAIN RISK (FEB 2019)

DFARS 252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND

AVOIDANCE SYSTEM (AUG 2016)

DFARS 252.246-7008 SOURCES OF ELECTRONIC PARTS (MAY 2018)

SECTION VII.B: ADDITIONAL FAR AND DFARS PROVISIONS, INCORPORATED BY

FULL TEXT, THAT APPLY TO THIS SOLICITATION:

FAR 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 or 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.

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.secnav.navy.mil/rda/Pages/NMCARS.aspx https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3

(a) Definitions. As used in this provision—

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

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from 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 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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)

FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be □ DX rated order; DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense

Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Control Desk, Code 3200, Bldg. 222, Rm. 115, Naval Research

Laboratory, 4555 Overlook Ave., S.W., Washington DC 20375 5326.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (DFARS) (48

CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

DFARS 252.215-7008 ONLY ONE OFFER (JUL 2019)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to—

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C.

2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403- 1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S.

Contracting Officer that the proposed price is fair and reasonable.

Data required may include but limited to current catalog pricing information for the system offered and current sale information providing details on the lowest prices recently paid by other customers for the same or similar system.

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of Provision)

SECTION VII(C): ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (NOV 2021)

https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.3215-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/225_8.htm#225.870-4

SECTION VII(C)(1): AUTHORIZED GOVERNMENT REPRESENTATIVE

Authorized Government Representative (AGR) for Inspection and Acceptance - *, Code *, Telephone Number:

*, email: *.*@nrl.navy.mil

(* - To be completed at award.)

SECTION VII(C)(2): TASK ORDER PROCEDURES FOR INDEFINITE QUANTITY

CONTRACTS

The following procedure shall be followed when placing task orders under this contract:

(a) Only properly appointed Contracting Officers employed at the Naval Research Laboratory (NRL) shall issue delivery orders under this contract.

(b) A DD Form 1155 will be issued for each task order. The DD Form 1155, "Order for Supplies or

Services", shall constitute the instrument for the placement of requirements under this contract.

(c) Delivery orders issued shall include, but not be limited to, the following information:

(1) Date of Order

(2) Contract Number and Delivery Order Number

(3) Accounting and Appropriation Data

(4) Description of the Item(s) to be delivered

(5) DD Form 1423 (Contract Data Requirements List)

(6) Place of Performance

(7) The Inspecting and Accepting Codes

(8) Period of Performance

(d) The ceiling amount for each task order will be the ceiling price stated therein and may not be exceeded except when authorized by a modification to the task order.

SECTION VIII: 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

mailto:*.*@nrl.navy.mil https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(7) 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)) are incorporated in this contract by reference, to implement provisions of law or Executive orders

(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. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

_X_ (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.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

_X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

__ (10) 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).

__ (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (12) [Reserved].

__ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)

( 15 U.S.C. 657a).

__ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (15) [Reserved]

__ (16)

(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.

_X_ (17)

(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.

_X_ (18) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and

(3)).

__ (19)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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 2023) of 52.219-9.

__ (20)

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

https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#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/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.209-6#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/52.209-9#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/52.219-3#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/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13

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

__ (21) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT

2022) ( 15 U.S.C. 657f).

_X_ (24)

(i) 52.219-28, Post…