N0016721Q0069 - 0002.pdf

This amendment is to inlcude the answers to all questions asked by vendors. The due date has been extended to May 26th, 2021 at 12 PM EST.

N0016721Q0069

Section SF 1449 - CONTINUATION SHEET

Q&A RESULTS

Q&A for N0016721Q0069

1. Is there an incumbent?

a. This is a new requirement.

2. The job description includes videography and photography which is not related to a Graphic Designer or

Public Affairs Writer. Would the government consider changing the name of the Graphic Designer to a Multimedia Specialist or something that relates more to the job description?

a. We’re looking for specialists in graphic design who are well rounded enough to support multimedia cross over.

3. For all positions: Can DINFOS training and years of experience be provided in lieu of a degree? Many reservists and former military have extensive DINFOS training in all aspects of public affairs that is equivalent to a degree.

a. DINFOS and extensive experience can be considered an equivalency

4. Do you require a separate Price and Technical volume?

a. No.

5. Do the positions require Secret Clearance before starting work on site, or can I submit a person for a clearance upon hiring?

a. Interim clearance is acceptable.

6. Based on the statement, “at which point evaluators will evaluate of the acceptability of that quoter’s Past

Performance,” 1) Are the contractor's corporate Past Performances to be submitted as part of the Technical Capabilities response? 2) Is there a time limit for Past Performances (e.g., completed within the last five (5) years prior to this solicitation's original due date)? 3) Is there a specific scope or type of past performances governing the submittal? 4) Is there a minimum or maximum number of Past Performances required?

a. No, you do not need to submit anything for this

7. Based on the list of requested services (speechwriting, script writing, article writing, editing, proofing, print media, publication, photography, videography, video editing, digital signage, motion graphics, and multimedia products), is it expected that the four (4) anticipated contractor personnel will: 1) Perform these services on the materials they produce? 2) Provide these services on materials produced by other personnel?

a. Yes to both

8. Is it the intent of the government that all the requested services be performed onsite at the NSWC Carderock Division's West Bethesda location, or may any of these services be provided by additional contractor personnel located offsite at a contractor facility?

a. Intent is to perform onsite

9. Please confirm that the statement, "…below forty (40) hours per week…" is to be interpreted as a forty-hour work week, not a less-than-forty-hour work week.

a. 40 hour work week

10. Please confirm that the statement, "...NSWC Carderock Division's 0600 and 1900…" is to be interpreted that an eight (8)-hour workday (plus an unpaid 30 minute lunch, 8.5 total hours) must occur between 0600 and 1900 hours.

a. Yes

11. Regarding an eight (8)-hour workday (plus an unpaid 30 minute lunch, 8.5 total hours), who is responsible for establishing the actual daily working hours: government, the contractor's individual employee, contractor management, or other entity?

a. Contractor management with coordination from government.

12. "Given the statement, ""The contractor shall provide management and oversight…,""

1) Is it the intent of the government that one or more of the four (4) anticipated contractor personnel will, in addition to writing and graphics deliverables, be responsible for associated management and reporting tasks (i.e., workload management; timekeeping, planning, execution, development of monthly labor summary; and project status reports)? 2) Or, may the contractor-provided management and oversight activities be provided by contractor personnel other than the four (4) anticipated contract personnel responsible for the writing and graphic deliverables?"

a. one or more of the four (4) anticipated contractor personnel will, in addition to writing and graphics deliverables, be responsible for associated management and reporting tasks (i.e., workload management; timekeeping, planning, execution, development of monthly labor summary; and project status reports)

13. "Regarding contractor personnel responsible for providing management and oversight, will such personnel be expected to be located:

1) Onsite co-located at the NSWC Carderock Division?

2) Offsite within a yet-to-be-defined radius of the NSWC Carderock Division?

3) Offsite at any contractor facility?"

a. Onsite co-located at the NSWC Carderock Division

14. To clarify, should the actions associated with the requirement, "Technical instructions are to be authorized in writing by the Contracting Officer Representative (COR) and must show the appropriate work request number, the reason for tasking and any high cost or unusual costs expected," be interpreted as government personnel identify and define the need for a work product, these needs are provided to contractor management, contractor management develops technical instructions to achieve the work product, the technical instructions are provided to the government for approval, and once approved are returned to contractor management for assignment to one or more of the four (4) anticipated contractor personnel responsible for the writing and graphics deliverables?

a. Routine day-to-day assignments do not require this. This only applies for rare tasking where unusually high costs are expected.

15. "The PWS states the contractor shall provide management and oversight. The PWS also requires at least four (4) personnel: 1) Are management costs billable in addition to labor hours associated with the four (4) anticipated contractor personnel? 2) Should management costs be quoted separately, or should these be built into the writer and graphic designer rates?"

a. built into the writer and graphic designer rates

16. "Concerning the two (2) writers and two (2) graphic designers, is it a requirement that these four (4) anticipated contractor positions are: 1) Staffed at all times? 2) Staffed by temporary alternate and qualified contractor personnel due to absences related to vacation, quarantine, medical or family leave, etc.? 3) Backfilled within a predetermined timeframe due to the departure of current personnel?"

a. 1. Yes (normal leave hours, annnual, vacation, sick allowed) 2. Yes 3. All billable positions must be filled with qualified personnel.

17. "Concerning the due date of the monthly status and financial reports: 1) Can the ""...first of the month…"" requirement be interpreted as the first business day of the month to account for the first of the month falling on a weekend or holiday? 2) Would the government consider amending the due date to something to the effect of ""...the fifth business day after the last business day of the previous month..."" in order to provide sufficient time to collect and compile the necessary information after month-end close out?" "

a. 1) yes

b. 2) yes, we would consider"

18. "Concerning the statement, ""Material must be edited and packaged into a professional product…,"" 1) Is the contractor/contractors organization responsible for delivering master copies only of each deliverable, or does the government expect the contractor to mass produce each product as needed? 2) Does the government expect the contractor to perform all editing and packaging onsite at the NSWC Carderock Division's West Bethesda location, or may these tasks be performed offsite at a contractor or subcontractor facility?"

a. 1) Responsible for delivering a product that meets the requirement. The working and final master copy will be stored locally using our storage processes and physical media (i.e. paper flyers) is most often created onsite.

b. 2) onsite.

19. Concerning the statement, "...primary place of performance is: Naval Surface Warfare Center, Carderock Division…," will the government assume responsibility for the costs associated with the needed office and production spaces, or is it expected that the contractor will lease the necessary square footage from the government?

a. Government will provide space

20. Given the statement, "Laptops and software in accordance with current NAVSEA and NSWCCD…," will all software applications identified in Subsection 3.3 be government furnished?

a. yes

21. "Given the statements, ""Digital still cameras, lenses, and strobes"" and ""Digital video cameras and digital storage media,"" will the government also be providing: 1) Any needed file, application, or production servers needed for digital files storage, client/server-based applications, or publication publishing? 2) Print publishing or digital media production equipment?"

a. Yes

22. "Given the statement, ""...reimburse travel costs in accordance with Federal Acquisition Regulations…,""

1) Is the contractor responsible for making all travel-related arrangements, or will the government assume this responsibility? 2) Will the government coordinate any required base access, secure/controlled facility access, camera passes, or similar activities, or will these be left to the contractor?"

a. 1) contractor is responsible

b. 2) government will work with contractor on base access if travel is required

23. Would the government please identify the equivalent 2021 General Schedule (GS) Grade for each of the four (4) anticipated contractor personnel as defined by experience and education?

a. Rates are to be offered by the vendor; rates should be comparable to CALC. http://calc.gsa.gov/

24. Based on the statement, “The contractor shall provide portfolios of previous graphics and multimedia work; and writing samples of proposed personnel for the Government to evaluate,” must these be provided as part of the Technical Capabilities section of our response, or are these submitted and evaluated only once a contractor is selected based on the Price and Technical sections?

a. Submit portfolios with the technical capabilities

25. "Are the labor hours required to perform each of the following contractor tasks associated with this opportunity billable beyond that of the four (4) anticipated contractor personnel: 1) Program management and oversight? 2) Personnel workload management; time keeping, planning, execution, development of monthly labor summary; and project status reports? 3) Work product editing and proofing? 4) Specialty skills including but not limited to photography, videography, and video editing?"

a. No, as a firm fixed price contract, everything should be included in CLIN pricing on bid.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Public Affairs and Graphics Support

FFP

Public Affairs Writer(s) and Graphic Designer(s) services, including: speech-writing, script writing, article writing, editing, proofing, print media, presentations, publications, photography, videography, multimedia, digital signage, motion graphics, and multimedia products.

FOB: Destination

VENDOR PART NR: 300000099351-0040

PURCHASE REQUEST NUMBER: 1300897151

PSC CD: R425

NET AMT

1001 1 Lot OPTION Public Affairs and Graphics Support

FFP

Public Affairs Writer(s) and Graphic Designer(s) services, including: speech-writing, script writing, article writing, editing, proofing, print media, presentations, publications, photography, videography, multimedia, digital signage, motion graphics, and multimedia products.

FOB: Destination

VENDOR PART NR: 300000099351-0040

2001 1 Lot OPTION Public Affairs and Graphics Support

FFP

Public Affairs Writer(s) and Graphic Designer(s) services, including: speech-writing, script writing, article writing, editing, proofing, print media, presentations, publications, photography, videography, multimedia, digital signage, motion graphics, and multimedia products.

FOB: Destination

3001 1 Lot OPTION Public Affairs and Graphics Support

FFP

Public Affairs Writer(s) and Graphic Designer(s) services, including: speech-writing, script writing, article writing, editing, proofing, print media, presentations, publications, photography, videography, multimedia, digital signage, motion graphics, and multimedia products.

FOB: Destination

4001 1 Lot OPTION Public Affairs and Graphics Support

FFP

Public Affairs Writer(s) and Graphic Designer(s) services, including: speech-writing, script writing, article writing, editing, proofing, print media, presentations, publications, photography, videography, multimedia, digital signage, motion graphics, and multimedia products.

FOB: Destination

PERFORMANCE WORK STATEMENT

NAVAL SURFACE WARFARE CENTER,

CARDEROCK DIVISION PERFORMANCE

WORK STATEMENT (PWS)

This Performance Work Statement (PWS) defines the requirements for the Corporate Communications Division, code 103, contractor support for ongoing initiatives in the NSWCCD Public Affairs Office, code 1031, and the Graphics and Imaging Branch, code 1032. These requirements are in support of NSWCCD internal and external communications, including but not limited to: speechwriting, script writing, article writing, editing, proofing, print media, publication, photography, videography, video editing, digital signage, motion graphics, and multimedia products.

1. BACKGROUND & INTRODUCTION

The mission of the Naval Surface Warfare Center, Carderock Division (NSWCCD) is to provide research, development, test and evaluation, analysis, acquisition support, in-service engineering, logistics and integration of surface and undersea vehicles and associated systems.

The NSWCCD Corporate Communications Division provides strategic counsel, planning and execution of NSWCCD internal and external communications and is responsible for informing people of events and successes of NSWCCD, its detachments and employees.

NSWCCD Public Affairs oversees the development, implementation, and execution of the command communication strategy, planning, and tactics for enterprise and national initiatives across all target audiences. The Graphics and Imaging Branch creates visual content in support of internal and external communications initiatives.

2. SCOPE OF REQUIRED SERVICES

NSWCCD is seeking a Contractor to perform Public Affairs and Graphics support as detailed in this PWS. To accomplish this, Code 103 requires support including:

speechwriting, script writing, article writing, editing, proofing, print media, presentations, publication, photography, videography, multi-media production, digital signage, motion graphics and multimedia products.

The Contractor shall perform all technical requirements listed at Section 3 Technical Requirements, below forty (40) hours per week between Monday and Friday, during the NSWC Carderock Division’s 0600 and 1900 (including a half hour, uncompensated lunch period), on-site at NSWCCD, or on temporary duty as assigned by the Contracting Officer.

3. TECHNICAL REQUIREMENTS

3.1 The contractor shall provide management and oversight of the Public Affairs and Graphics support contract to include management of contractor personnel accomplishing tasks under this contract; workload management; time keeping, planning, execution, development of monthly labor summary; and project status reports. Technical instructions are to be authorized in writing by the Contracting Officer Representative (COR) and must show the appropriate work request number, the reason for tasking and any high cost or unusual costs expected.

3.2 WRITERS (two): The contractor shall provide support for Public Affairs products which includes researching and developing content, conducting interviews, writing and editing, taking photographs, and producing messages for videos, articles, presentations, press releases, briefs, audits, communication plans, all-hands emails, a weekly newsletter and monthly technical magazine, articles for NAVSEA Warfare Center Headquarter’s publication "Soundings," on-line NSWCCD news on the command internet and other Navy communication support products as assigned by Code 1031. Products and assignments shall be included in the monthly report. Contractor shall adhere to Navy and Associated Press (AP) style guides. Qualifications detailed in section 12.

3.3 GRAPHICS DESIGNERS (Two): The contractor shall provide support for Public Affairs products to be used in multiple mediums, including but not limited to: digital signage, websites, social media, print, digital publications, presentations, videos, motion graphics and other communication products. Products and assignments shall be included in the monthly report. Designers shall have expertise with Adobe Creative Cloud, MS Word, MS PowerPoint, MS Teams, production printers, and shared media drives. Designers shall adhere to Contractor shall adhere to Navy and Associated Press (AP) style guides and Navy archival standards. Qualifications detailed in section 12.

4. DELIVERABLES

4.1 Monthly Status Report: On the first of the month, the contractor shall provide a monthly status report reflecting the current status of all projects, assignments, and deliverables (e.g., in-progress, completed, withdrawn, etc.).

4.2 Monthly financial report: On the first of the month, the contractor shall provide a monthly update of current financial status/invoices submitted, tracking to appropriate line of accounting and ACRN of awarded delivery orders to be submitted with execution report when invoicing.

4.3 The contractor shall provide products and services that are required in Section 3 above.

4.4 Products produced by contractor will be used in multiple mediums, including digital signage, website, print, digital publications, social media and other communication products. Material must be edited and packaged into a professional product in accordance with industry standards, adhere to standards outlined in Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998, and be usable by commercial news outlets when specified.

4.5 Contractor shall provide proposal for production to include production/delivery timeline within 48 hours of tasking prior to programing. Products/assignments included in monthly report.

5. PERIOD/PLACE OF PERFORMANCE

5.1 The period of performance is one (1) year with four (4) option years. The primary place of performance is:

Naval Surface Warfare Center, Carderock Division 9500 MacArthur Blvd.

West Bethesda, MD 20817-5700

6. WORKING HOURS

The Contractor employees shall work forty (40) hours per week between Monday and Friday, during the typical government workday between 0600 and 1900, with the exception of the following Government holidays:

New Year’s Day Martin Luther King Jr. Day Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Each Full-Time Equivalent (FTE) employee shall work a minimum of 1,860 hours annually.

7. TRAVEL

Occasional, offsite travel may be required. It is estimated that travel to offsite destinations will be required during performance. Travel may be required to naval bases within the continental US CONUS. The Government estimates two (2) individual(s) may be required to travel up to three (3) trips per year, for a period not to exceed 5 days per trip. For proposal preparation purposes only, the Contractor shall use $15,000.00 per year for the Travel

CLIN.

All travel under this effort must be requested by the Contractor no less than 5 business days prior to expected travel day, authorized in writing by the Contracting Officer Representative (COR), and the request must show the appropriate order number, the number of people traveling, the number of days for the trip, the reason for the travel, and any high cost or unusual costs expected. The Government will reimburse travel costs in accordance with Federal Acquisition Regulations (FAR) 31.205-46, Travel Costs and the Joint Travel Regulations (JTRs).

8. GOVERNMENT FURNISHED EQUIPMENT / INFORMATION

The Government will provide the following:

NMCI Workstation Laptops and Software in accordance with current NAVSEA and NSWCCD policy as directed by CODE

103 leadership.

Digital still cameras, lenses, and strobes Digital video cameras and digital storage media

9. INSPECTION AND ACCEPTANCE

All work performed under this contract shall be reviewed and approved by the Contract Officer’s Representative (COR) or designated Government employee prior to dissemination or publication.

10. APPLICABLE REFERENCES

The Contractor shall use and comply with the most current version of the following:

1. U.S. Navy Style Guide - http://www.navy.mil/submit/navyStyleGuide.pdf

2. Joint Travel Regulations - http://www.defensetravel.dod.mil/site/travelreg.cfm

3. Associated Press (AP) Style Guide

4. Section 508 of the Rehabilitation Act of 1973 (29 UCS section 794d) 5. DoD 5400.7-R Chapters 3 and 4

11. SECURITY

11.1 All personnel performing under this contract shall be a U.S. Citizen. Due to the possible classified work and work areas in which work may be performed all contractor personnel are required to have a current SECRET security clearance. All security requirements shall be in accordance with the terms and conditions cited in the DD Form 254

11.2 Sensitive material is required to support this effort. For Official Use Only (FOUO) and Personally Identifiable Information (PII) generated and/or provided under this contract shall be safeguarded and marked as specified in DoD 5400.7-R Chapters 3 and 4.

11.3 The Contractor shall comply with all NAVSEA Security Policies and Occupational Safety and Health Administration (OSHA) workplace regulations and standards.

12. QUALIFICATIONS

The Contractor shall provide at least four qualified personnel (two writers and two graphic designers) to perform staffing requirements set forth within the PWS. The contractor shall provide portfolios of previous graphics and multimedia work; and writing samples of proposed personnel for the Government to evaluate. The Contractor shall demonstrate that the proposed personnel meet the qualifications for each labor category listed below. The Contractor shall also demonstrate proposed personnel can produce high quality products that are within the scope of work described in this PWS, and are befitting a center of excellence for research, development, test and evaluation, analysis, acquisition support, in-service engineering, logistics and integration of surface and undersea vehicles and associated systems.

In addition, the Contractor shall provide the organizational and administrative controls necessary to ensure that performance meets or exceeds all contract specification requirements set forth in the contract.

If the Contracting Officer or Contracting Officer’s Representative questions the qualifications or competence of contractor personnel performing under this contract, the contractor shall bear the burden of proof to establish that the person in question is qualified.

Senior Writer Minimum Work Experience Qualifications: 10 years of experience in writing and editing technical and organizational documents and publications for general audiences, including a minimum of three years of experience editing. Experience shall be with government or corporate public affairs office, newspaper, magazine or trade journaling.

Minimum Education Qualifications: Bachelor’s Degree in English, Journalism, Public Affairs, or related communications discipline from an accredited college or university.

Desired Work Experience Qualifications: Prior experience with Public Affairs teams at a DoD Agency or a Federal Working Capital Fund Agency . Prior military or reservist experience

Writer

Minimum Work Experience Qualifications: 5 years’ experience in writing and editing technical and organizational documents and publications for general audiences, including two years of experience editing such documents. Experience shall be with government or corporate public affairs office, newspaper, magazine or trade journal.

Minimum Education Qualifications: Bachelor’s Degree in English, Journalism, Public Affairs, or related communications discipline from an accredited college or university.

Desired Work Experience Qualifications: Experience with Public Affairs teams at DoD Agency or a Federal Working Capital Fund Agency. Prior military or reservist experience Senior Graphics Designer Minimum Work Experience Qualifications: 5 years of experience in designing and delivering graphics and visual products for electronic and print publications. Experience shall be with a government or corporate public affairs office or marketing office, newspaper, magazine, web development team or advertising agency.

Minimum Education Qualifications: Bachelor’s degree in Graphics Design or related visual arts/communications discipline from an accredited college or university.

Desired Work Experience Qualifications: Experience with Public Affairs teams at DoD Agency or a Federal Working Capital Fund Agency. Prior military or reservist experience.

Graphics Designer Minimum Work Qualifications: 2 years of experience in designing and delivering graphics and visual products for electronic or printed publications. Experience shall be with a government or corporate public affairs office or marketing office, newspaper, magazine, web development team or advertising agency.

Minimum Education Qualifications: Bachelor’s degree in Graphics Design or related visual arts/communications discipline from an accredited college or university.

Desired Work Experience Qualificiations: Experience with Public Affairs teams at a DoD Agency or a Federal Working Capital Fund Agency. Prior military or reservist experience

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 19-JUL-2021 TO

18-JUL-2022

N/A NAVAL SURFACE WARFARE CENTER

CARDEROCK

RECEIVING OFFICER

NSWCCD

9500 MACARTHUR BLVD

WEST BETHESDA MD 20817-5700

301-227-1531 FOB: Destination

N00167

1001 POP 19-JUL-2021 TO

18-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 19-JUL-2022 TO

18-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 19-JUL-2023 TO

18-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 19-JUL-2024 TO

18-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAR 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

JAN 2021

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7021 Trade Agreements--Basic SEP 2019 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL ITEMS

(a) Basis for Award

The Government has determined that an award to the responsible Quoter that submits the Lowest-Priced, Technically Acceptable (LPTA) quote in response to this solicitation will represent the best value to the Government. Quotes will be evaluated to determine the LPTA quote based on the following factors:

Factor 1 Price Factor 2 Technical Capability/Approach

A quote must be rated "ACCEPTABLE" for each non-price factor to be eligible for award. An "UNACCEPTABLE" rating for any non-price factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall. Each of the evaluation factors will be rated as set forth below. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability.

The Government will evaluate the lowest priced quote for technical acceptability. If it is not acceptable, the Government will evaluate the next lowest quote for technical acceptability, and so forth, to determine the lowest-priced, technically acceptable quote, at which point all evaluations will stop.

The Government reserves the right to request that the awardee reduce its total price, or adjust CLIN prices with no change to total price, in order to reduce administrative costs and avoid unnecessary burdens for the agency pursuant to FAR 13.002.

(b) Evaluation Factors Factor 1: Price Quotes must include a proposed price for each Contract Line Item Number (CLIN). The Government will determine prices by adding the total proposed price for all CLINS, including all options. Quotes will be ranked from lowest- to highest-priced.

Factor 2: Technical Capability The Government will evaluate the lowest priced Quote for acceptability of Technical Capability. If the quote is not found to be acceptable, the Government will evaluate the next lowest quote for acceptability of technical capability, and so forth, to determine the lowest-priced quote that is acceptable for Technical Capability.

Technical Capability evaluations will result in one of the following ratings:

TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical Capability factor:

1) Must meet the minimum specifications as stated in included PWS.

PRICE

Quoters responding to this solicitation are advised that, prior to award, the government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Steven Besanko by email at steven.besanko@navy.mil. The cut-off date for questions is March 12, 2021 @ 2:00 PM EST.

(c) Contract Award The Government shall mail or email a written notice of award to the successful quoter. Upon receipt, the quoter shall either commence performance, or have an authorized representative sign the award and return it to the Contracting Officer; a binding contract is formed upon the earlier of either of those actions. The Government requests that the awardee return a signed copy or notify the Contracting Officer by email that it will deliver the items, within 7 days of receiving the award notice.

52.212-3 OFFEROR…