N0016722Q0090 CSS.docx

N0016722Q0090

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation that Naval Surface Warfare Center Carderock Division (NSWCCD) intends to issue, and is a Request for Quotes (RFQ) for the following Supplies and/or Services.

NSWCCD Code 8323 is procuring services to overhaul Hamilton Waterjet propulsion system for one of its patrol boats from an authorized Hamilton Jets, Inc. service provider.

The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular FAC 2022-04 effective 01/30/2022 located on https://www.acquisition.gov/?q=browsefar and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20220318 effective 03/18/2022 located at https://www.acq.osd.mil/dpap/dars/change_notices.html. SEE ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS. The NAICS code is 336612 and the associated PSC code is J019, and the Small Business Standard is 1000 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured. This procurement IS NOT being set-aside for small business.

Interested parties may identify their interest to this requirement by submitting a quote and/or capabilities statement no later than 12:00 PM on 31 March, 2022. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. All responses shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number (if applicable), business size, and payment terms. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

Responses to this notice are due on or before 12:00 PM on 31 March, 2022, Eastern Standard Time (EST) to arnel.a.ngo.civ@us.navy.mil.

Point of Contact for this notice is Arnel Ngo, 757-469-6784, arnel.a.ngo.civ@us.navy.mil.

Section SF 1449 - CONTINUATION SHEET

Exhibit/Attachment Table of Contents

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

OVERHAUL OF WATER JETS

1.0 DESCRIPTION OF SERVICES/INTRODUCTION: NSWC CCD maintains 65PB1101 to support several customers during test and evaluation of boats and craft. The Hamilton Water Jet overhaul is required to maintain the craft in an operational condition to support various scheduled test and evaluation events during FY2022 and beyond.

2.0 BACKGROUND: NSWC CCD is scheduled to test vessels during development and prior to delivery. Without this testing, the vessels might not perform to standard and will be considered inoperable. Therefore, this overhaul is required. The Hamilton Water Jets Model HM521 are over 11 years old and experiencing issues that impact operations.

3.0 OBJECTIVE: Water jets: The Contractor shall perform the Hamilton Water Jets Model HM521 overhauls on 65PB1101, the craft will be located at Norfolk Naval Station V-47 facilities Norfolk, Virginia:

3.1 Utilize an authorized Hamilton Water Jet service center to provide all certified personnel, tools, equipment, material, gaskets, and seals necessary to complete all work associated with the repair and inspection of port and starboard water jets in accordance with Original Equipment Manufacturer (OEM) procedures.

3.2 Provide materials and services to disassemble and inspect both port and starboard waterjets (including, but not limited to, the inlet duct, bearings, bucket, tail pipe, and shaft (including run out of shaft), for each jet) for damage in accordance with OEM procedures.

3.3 Submit a condition found report noting any discrepancies in equipment and/or material findings, including a recommendation for solutions, within 3 days of disassembly inspection.

3.4 Overhaul and reassemble port and starboard waterjets, in accordance with OEM procedures. The water jet overhauls shall consist of the following actions for both port and starboard jets.

3.5 Remove, provide, and install new: metal bellows, J-seal face holder, O-rings, oil seal, sleeve seal, retainer, bearing spacer, round key, bearings, spring loaded bearing, shims, bearing retainer plate assembly, bearing housing, gasket seal cover, oil, anodes, split pins, seal push rod, bearing ring wear, shaft seal halite, seal scrapper, bearing sleeve, wearing ring, slinger, marine bearing, tailpipe O-ring, and impeller O-ring in accordance with OEM procedures.

3.6 Water seal surfaces shall not come into contact with oils, lubricants, or skin.

3.7 The Contractor shall be responsible for the shipments to and from authorized Hamilton Water Jet service center.

3.8 Once both water jets are assembled, the water jets and water jet control systems shall be commissioned utilizing Section 6 of Hamilton Jet Manual in accordance with OEM procedure.

3.9 (V) Submit a report containing the blade tip clearance between both impellers and their associated wear rings as well as the torque applied to each impeller nut and impeller balancing. The Contractor shall submit a report within 3 working days subsequent to sea trials.

3.10 (V)(G) Contractor to support sea trails and perform bearing housing temperature readings on each jet during sea trials after 15 and 30 minutes of operation. The Contractor shall submit a report within 3 working days subsequent to sea trial.

3.11 Lubricate the port and starboard water jet drive shafts and all waterjet grease fittings with grease in accordance with OEM procedures.

3.12 Lubricate and grease the water jets after reassembly.

3.13 OEM-authorized Hamilton Waterjet representatives to verify that the installation, alignment and initial test of the new installations meet OEM requirements. Documentation of Hamilton acceptance of the installation, including alignment criteria and reading, shall be provided to the Government subsequent to sea trials.

4.0 SPECIAL QUALIFICATIONS: Contractor shall be an authorized Hamilton Water Jet service center and provide certified personnel to perform the work.

5.0 GOVERNMENT FURNISHED PROPERTY: N/A

6.0 DELIVERABLES:

6.1 Condition found report following disassembly and inspection. Report to be submitted within 3 days of disassembly. (A001)

6.2 Blade tip clearance report bearing housing temperature report and documentation of Hamilton acceptance of installation and warranty, including alignment criteria and readings following sea trials. Report to be submitted within 3 days of completion of sea trials. (A002)

7.0 Period of Performance:

7.1 Craft is available for water jet overhaul and testing from the time of award through 30 September 2022, exact dates will be coordinated after contract award based on craft availability. If availability of vessels changes, new dates will be coordinated with all work to be completed not later than 30 September 2022. Contractor shall contact the TA no later than 10 days after award to coordinate the timeframe for overhaul and craft availability.

104.83mm Metal Bellows sic/sic

FFP

104.83mm Metal Bellows sic/sic Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ061550

PURCHASE REQUEST NUMBER: 1300986835

PSC CD: 2830

NET AMT

300CXXL SP AMS Jsealface holder 521/571P

300CXXL SP AMS Jsealface holder 521/571P Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ112570

NET AMT

0.13x6.00x6.25 Oring 258n70

0.13x6.00x6.25 Oring 258n70 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ200987

NET AMT

Seal oil 130x160x12 521-571

Seal oil 130x160x12 521-571 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ203473

NET AMT

Sleeve Seal 521 h/ss

Sleeve Seal 521 h/ss Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ203480

NET AMT

Retainer 521/571

Retainer 521/571 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ107764

NET AMT

Bearing Spacer - 521

Bearing Spacer - 521 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ108427

NET AMT

Key Rnd

Key Rnd Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ103435

NET AMT

Bearing 23022cc

Bearing 23022cc Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ201458

NET AMT

Bearing 29420e

Bearing 29420e Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ201459

NET AMT

Spring Preload Bearing

Spring Preload Bearing Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ108054

NET AMT

Shim 0.010in

Shim 0.010in Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ107767

NET AMT

Shim 0.005in

Shim 0.005in Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ107768

NET AMT

Shim 0.002in

Shim 0.002in Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ107769

NET AMT

Bearing Retainer Plate Assy

Bearing Retainer Plate Assy Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ107093

NET AMT

Bearing Housing Kit (521 b) REPLCS

Bearing Housing Kit (521 b) REPLCS Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ205724

NET AMT

0.06x0.63x0.75 Oring 016n70 (HMHRADL)

0.06x0.63x0.75 Oring 016n70 (HMHRADL) Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ200989

NET AMT

Gasket Seal Cover Insp

Gasket Seal Cover Insp Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ107003

NET AMT

Oring 9.5x170x189mm

Oring 9.5x170x189mm Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ103433

NET AMT

Mobil DTE 25 sold in gallons

Mobil DTE 25 sold in gallons Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HAM 25

NET AMT

Anode (aluminum)

Anode (aluminum) Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ203121

NET AMT

Anode (aluminum) replaces 102185

Anode (aluminum) replaces 102185 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ203123

NET AMT

Anode Aluminum (ZINC option 103359)

Anode Aluminum (ZINC option 103359) Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ203124

NET AMT

Anode Aluminium Small

Anode Aluminium Small Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ203133

NET AMT

Anode (aluminum)

Anode (aluminum) Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ203126

NET AMT

Anode (aluminum)

Anode (aluminum) Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ203127

NET AMT

SPLIT PIN (COTTER PIN- S/S) (HUILAAY) 2"

SPLIT PIN (COTTER PIN- S/S) (HUILAAY) 2"X.250"

Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ201072

NET AMT

Seal Kit Push Rod

Seal Kit Push Rod Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ107982

NET AMT

Bearing Ring Wear Ipwr 1000

Bearing Ring Wear Ipwr 1000 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ061438

NET AMT

Seal Shaft Hallite 620

Seal Shaft Hallite 620 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ064955

NET AMT

Seal Scraper General Polypac

Seal Scraper General Polypac Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ061444

NET AMT

SPLIT PIN (COTTER PIN- S/S) (HUIIAAJ)

SPLIT PIN (COTTER PIN- S/S) (HUIIAAJ)

Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ201068

NET AMT

Oring 1.375x1.562x0.0938

Oring 1.375x1.562x0.0938 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ061452

NET AMT

Bearing Sleeve - 521

Bearing Sleeve - 521 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

MFR PART NR: HJ108431

NET AMT

Wear Ring v2.0 521

Wear Ring v2.0 521 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

MFR PART NR: HJ109122

NET AMT

Insulator Wearring 521

Insulator Wearring 521 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ109266

NET AMT

Slinger

Slinger Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ108152

NET AMT

Bearing Marine 125x100x335

Bearing Marine 125x100x335 Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ108447

NET AMT

Oring Tailpipe-nozzle

Oring Tailpipe-nozzle Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ109951

NET AMT

Oring Impeller

Oring Impeller Period of Performance 4/15/22 - 9/30/22.

FOB: Destination

VENDOR PART NR: HJ108391

NET AMT

Incoming Freight

Incoming Freight FOB: Destination

NET AMT

Service

Provide services in accordance with the Performance Work Statement (PWS).

FOB: Destination

PSC CD: V212

NET AMT

Travel/Lodging/expenses

Travel/Lodging/expenses FOB: Destination

PSC CD: V231

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

FOB: Destination

30-SEP-2022

30-SEP-2022

30-SEP-2022

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) A001, A002, attached hereto.

(End of Text)

E-246-H013 INSPECTION AND ACCEPTANCE OF DATA (NAVSEA) (OCT 2018)

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DD Form 1423.

(End of text)

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT 2018)

(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.

(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.

(c) The points of contact are as follows:

(i) The Procuring Contracting Officer (PCO) is:

Name: Kristen Duhaime Address: 904 Corporate Lane Chesapeake, VA 23320 Phone: (978) 987-8034 E-mail: kristen.m.duhaime.civ@us.navy.mil

(ii) The Contract Specialist is:

Name: Arnel Ngo Address: 904 Corporate Lane Chesapeake, VA 23320 Phone: (757) 469-6784 E-mail: arnel.a.ngo.civ@us.navy.mil

(d) The Technical Point of Contact (TPOC) is the contracting officer’s representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.

The Technical Point of Contact (TPOC) is:

Name: [ * ] Address: [ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx]; FAX: (Area Code) xxx- [xxxx] E-mail: [ * ]

[ * ] To be completed at contract award

G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE (NAVSEA) (JUN 2018)

(a) The following table of payment office allocation methods applies to the extent indicated.

For Government Use Only

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

(b) This procurement contains the following contract type(s):

G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (JUL 2021)

(a) The policy of this activity is to schedule periods of reduced operations or shutdown during holiday periods. Deliveries will not be accepted on Saturdays, Sundays or Holidays except as specifically requested by the [insert activity name]. All goods or services attempted to be delivered on a Saturday, Sunday or Holiday without specific instructions from the Contracting Officer or his duly appointed representative will be returned to the contractor at the contractor’s expense with no cost or liability to the U.S. Government.

(b) The federal Government observes public Holidays that have been established under 5 U.S.C. 6103. The actual date of observance for each of the holidays, for a specific calendar year, may be obtained from the OPM website at OPM.GOV or by using the following direct link:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.

(c) Delayed Opening, Early Dismissal and Closure of Government Facilities. When a Government facility has a delayed opening, is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal, delayed opening, or during periods of inclement weather, onsite contractors should monitor the OPM website as well as radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

(d) When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site contractors shall continue working established work hours or take leave in accordance with parent company policy. Those contractor employees who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, or closings in accordance with the FAR, applicable cost accounting standards, and the company’s established policy and procedures. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. The Contracting Officer will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy and procedures.

(e) If you intend to visit the Contracts Office, it is advised that you call for an appointment at least 24 hours in advance.

(f) The hours of operation are as follows:

(g) All deliveries to the Receiving Officer or Technical Point of Contact address are identified in Box 15, shall be made Monday through Friday from 0800 to 1400, local time. Deliveries will not be accepted after 1400. No deliveries will be accepted on federal government holidays.

G-242-W001 CONTRACT ADMINISTRATION FUNCTIONS (NAVSEA) (OCT 2018)

(a) In accordance with FAR 42.302(a) all functions listed are delegated to the ACO except the following items to be retained by the PCO:

N/A

(b) In accordance with FAR 42.302(b), the following additional functions are delegated to the ACO:

N/A

L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2019)

(a) NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information.

(c) Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government.

(End of provision)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

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

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Basis for Award

The Government will award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations:

Factor 1 Price Quotes must include a proposed price for each Contract Line Item Number (CLIN). The Government will determine prices to be fair and reasonable in accordance with FAR Part 13.106-3 based on, but limited to, market research, current or previous purchases, prices for similar performance in a related industry, and comparison to an independent Government estimate.

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.

Factor 2: Technical Capability

The Government will evaluate the Quoter for acceptability of Technical Capability.

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

TABLE 1 - TECHNICAL RATINGS

A quote must be rated "ACCEPTABLE" for the quote to be eligible for award. An "UNACCEPTABLE" rating for Technical Capability/Apprach 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.

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.

Minimum Requirements:

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

1. The quoted supplies/services shall meet the solicitation requirements including any required parts, delivery dates, and terms and conditions stated in the solicitation.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Arnel Ngo by email at arnel.a.ngo.civ@us.navy.mil. The cut-off date for questions is 12:00 PM Eastern Standard Time (EST) on 29 March, 2022.

(b) 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.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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

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

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

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

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).