N0016723Q0138 CSS.docx

N0016723Q0138

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 661 has a requirement to procure Engineering support to supplement Shock Engineering Services for the PMS 397 Columbia Class Shock qualification program.

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 2023-02 effective 3/16/2023 located on https://www.acquisition.gov/?q=browsefar and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20230427 effective 04/27/2023 located at https://www.acq.osd.mil/dpap/dars/change_notices.html. SEE ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS. The NAICS code is 541330 and the associated PSC code is AC32, and the Small Business Standard is 25.5M 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 May 2023. 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), and business size. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

Responses to this notice are due on or before 12:00 PM on 31 May 2023, Eastern Daylight Time (EDT) 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

PERFORMANCE WORK STATEMENT (PWS)

Engineering Support for Submarine Shock Systems Integration Team

1.0 DESCRIPTION OF SERVICES/INTRODUCTION:

The Naval Surface Warfare Center Carderock Division (NSWCCD), Underwater Explosions Research and Development (UERD) Branch, Code 661 requires the award of a contract to provide engineering services to supplement Shock Engineering Services (TPS 123103, Task 15) they perform for the PMS 397 COLUMBIA Class shock qualification program.

2.0 BACKGROUND:

The NSWCCD Platform Integrity Department is responsible for supporting the shock hardening program for all US Navy vessels. The shock qualification of all CFE (contractor furnished equipment) and GFE (government furnished equipment) is integral to the shock hardening program for submarines and is required by Ship Specification Section 072 for existing and new construction submarine classes (COLUMBIA).

3.0 OBJECTIVE:

The contractor shall provide the NSWCCD Code 661 with engineering services to support qualification of submarine equipment shock qualification efforts for equipment. This contract will allow for continuance of services performed under awarded contracts N0016720D0016 and N0016722D0003. These services include tasks required for CFE and GFE commitment package review, comment generation, and presentation; comment adjudication; virtual and in-person meeting attendance and meeting minute summation; and periodic travel visits to West Bethesda, MD. The table below provides the PWS paragraph reference for the service task required. The contractor shall provide the service task and quantities identified in the Quantity column of the table.

3.1 Commitment Review. The contractor shall perform reviews of CFE and GFE program office commitments for compliance with shock requirements as invoked by Government-furnished OHIO Replacement (OR) Class Ship Specification Section 072, and their subsidiary specifications per section 5.1, below. The required level of support is estimated at 1.5 commitments per month over the period of performance. The Contractor shall complete commitment reviews within eight (8) business days of assignment. See section 9 for definitions of commitments and likely commitment package content.

NOTE: Commitment reviews vary by complexity, and definitions of complexity for the purposes of this statement of work are included in sections 3.1.1 and 3.1.2. In the case that a commitment package does not fit all three attribute categories for each of the complexity level, it shall be assigned the complexity level with the greatest number of matching attributes. In the case that a commitment package matches attributes of multiple complexities levels equally, the lower of the complexities levels will be assigned. A nominal distribution of reviews by complexity is 90% low and 10% high complexity. See section 9 for definition of commitments and commitment package.

The contractor shall be required to perform reviews of the following types of commitments:

High-impact, low-impact, and underwater explosion (UNDEX) shock test procedures High-impact, low-impact, and UNDEX shock test reports Shock qualification plans Shock extension requests Shock test acceptance forms Engineering calculations and results Finite element transient shock analyses (TSA) models and results Official letters by government entities and contractors

3.1.1 The Contractor shall provide engineering services to perform low complexity reviews in accordance with the general requirements in section 3.0. Low complexity reviews have the following attributes:

· Document type: shock machine or UNDEX test procedure, shock machine or UNDEX test report, identical shock extension, similar shock extension with one test basis and minor design modifications, analysis package using hand calculations, static-g analysis or DDAM, official letters

· Commitment package size: Less than or equal to 400 pages

· Deviation of shock specification or interpretation of shock specifications outside explicit requirements: No

In completion of the low complexity commitment reviews, the Contractor shall:

3.1.1.1 Summarize findings using a comment matrix provided by the technical advisor. Comments in the comment matrix shall communicate the portions/aspects of the submittal that are non-compliant with specifications, rationale for why the area is non-compliant, and recommended action to resolve the comment (CDRL A001).

3.1.1.2 Present findings and comment matrix, and participate in discussions with the NSWCCD Shock Engineering Services Team, Engineering Manager for Submarine Shock and/or other pertinent approval authorities, as necessary. Prepare and brief a PowerPoint slide package overviewing the current commitment under review (CDRL A004). Modify the comment matrix as applicable based on the discussions (CDRL A001).

3.1.1.3 Provide a weekly status update for each assigned commitment (CDRL A002).

3.1.2 The Contractor shall provide engineering services to perform high complexity reviews in accordance with the general requirements in section 3.0. High complexity reviews have the following attributes:

· Document type: Similar shock extension with multiple test basis and significant design changes requiring engineering assessments, analysis package using non-standard shock analysis method or transient shock analysis, shock qualification plan, shock failure modes and effects analysis

· Commitment package size: Greater than 400 pages

· Deviation of shock specification or interpretation of shock specifications outside explicit requirements: Yes

In completion of the high complexity commitment reviews, the Contractor shall:

3.1.2.1. Summarize findings using a comment matrix provided by the technical advisor. Comments in the comment matrix shall communicate the portions/aspects of the submittal that are non-compliant with specifications, rationale for why the area is non-compliant, and recommended action to resolve the comment (CDRL A001).

3.1.2.2 Present findings and comment matrix, and participate in discussions with the NSWCCD Shock Engineering Services Team, Engineering Manager for Submarine Shock and/or other pertinent approval authorities, as necessary. Prepare and brief a PowerPoint slide package overviewing the current commitment under review (CDRL A004). Modify the comment matrix as applicable based on the discussions (CDRL A001).

3.1.2.3 Provide a weekly status update for each assigned commitment (CDRL A002).

3.2 Commitment Content Adjudication. Support comment adjudication process by resolving (concurring or commenting on) the comment response of the requesting activity. Comment adjudications shall be completed within two (2) business days. (See Section 9.2 for definition of comment adjudication). Generate written response and incorporate into comment matrix (CDRL A001).

3.3 Pre-SIT Meetings and Meeting Minutes. The contractor shall attend monthly submarine Pre-Shock System Integration Team (Pre-SSIT) meetings at NSWCCD. The Pre-SSIT meetings discuss related topics presented in a formal meeting setting with the NAVSEA05P1 Engineering Manager present. Provide verbal commentary on compliance of presented items with shock requirements as invoked by the OHIO Replacement (OR) Class Ship Specification Section 072 and subsidiary specifications (See Section 5.1). A typical meeting is expected to last three hours. Provide meeting minutes for Pre-SSIT meetings (CDRL A003).

3.4 SIT Meetings. The contractor shall attend, via teleconference, Shock System Integration Team (SSIT) meetings at Electric Boat and NUWC for the COLUMBIA Class shock qualification programs. Provide verbal commentary on compliance of presented items with shock requirements as invoked by the OHIO Replacement (OR) Class Ship Specification Section 072 and subsidiary specifications (See Section 5.1). 12 SSIT meetings are expected over a twelve month period. A typical meeting is expected to last four hours.

3.5 TRAVEL. The contractor shall support the anticipated travel requirements for this task order as identified in the chart below. Travel estimates are derived based on sections 3.1.1.2, 3.1.1.2, and 3.3. It is assumed some of the meetings can be combined into one trip.

4.0 SPECIAL QUALIFICATIONS: The offeror shall address the following requirements in their proposal:

4.1 The offeror should demonstrate its capability to accomplish the tasks in this PWS by providing detailed narratives for up to two (2) recent and relevant contract efforts, similar in size, scope, and complexity that were performed within the past ten (10) years. The offeror shall provide a description of:

· The contract/task order work statement and effort performed

· Required areas of technical expertise supporting tasking in the work statement

· How the scope of the contract relates to this solicited PWS

· Significant achievements during contract performance

· Interaction with Government entities required by the contract, including sponsors and technical authorities.

4.2 Prior Experience:

4.2.1 The contractor shall provide a list of Key Personnel and their related experience.

4.2.1.1 All personnel shall have a minimum of a Bachelor’s degree in mechanical engineering, civil engineering, or a related engineering field.

4.2.1.2 Per the table, below, personnel shall have the recommended number of years of experience directly applying submarine ship specifications and subsidiary specifications to review shock qualification testing, qualification of analysis, and qualification by extensions. Also, per the table below, personnel shall have the recommended years of experience with various NAVSEA program offices and technical authorities within the shock qualification process.

4.2.2 The contractor shall provide an overall allocation of personnel labor hours to meet the requirements. The recommended allocations of senior, mid-level, and junior personnel as well as the recommended number of years of experience are described in the table below.

Percentage of Personnel as Compared to Offeror’s Total Number of Labor Resources

20%

40%

40%

5.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION:

5.1 The Government will provide the Contractor with on-site access and the material required per the attached NAVSEA Form for the successful accomplishment of the work specified above. This material shall include commitment packages and related GFI Subsidiary specifications references per the attached NAVSEA Form 4340-1 and as listed below:

1. Ohio Replacement (OR) Class Ship Specifications Section 072, dated 15 July 2016 (CONFIDENTIAL)

2. Shock Tests, H.I. (High-Impact) Shipboard Machinery, Equipment, and Systems, Requirements for; MIL-S-901D (Navy) Interim Change #1, dated 23 Aug 1994

3. Shock Tests, H.I. (High-Impact) Shipboard Machinery, Equipment, and Systems, Requirements for; MIL-S-901D (Navy) Interim Change #2, dated 30 July 2012

4. Shock Qualification and Design Guidance for Submarine External Components; Project Peculiar Document 802-6337443, dated 5 May 1995 (CONFIDENTIAL)

5. Underwater Explosion (UNDEX) Qualification of Submarine Hull Penetrations; Project Peculiar Document 802-633744, dated 17 June 1996 (CONFIDENTIAL)

6. Dynamic Design Analysis Method (DDAM) Procedures; Project Peculiar Document 802- 6337447, dated 28 April 1997

7. Low-Impact (L.I.) Testing, Shipboard Machinery, Equipment, and Systems, Requirements for; Project Peculiar Document 802-6337449 (Low Impact Testing), dated 15 April 2012

5.2 Any Government information furnished by the Government shall remain Government property and shall be reproduced only as authorized in writing by the Government, shall be used for performance of the work under this task order only, and shall be returned to the Government upon request. Such a request may be made during the period of performance or at termination or completion of the period of performance. After the period of performance, the Contractor shall thereafter make no further use of any information derived from GFI without prior written consent of the Government.

6.0 DELIVERABLES:

The contractor shall provide deliverables as described in the PWS and the following Contract Data Requirement Lists (CDRLs). Format and delivery schedule for deliverables will be outlined in the CDRLs below.

7.0 SECURITY REQUIREMENTS:

7.1 The tasks to be performed under the scope of work are classified up to the level of CONFIDENTIAL. Security and dissemination requirements shall follow DoD Manual 5200.01.

7.2 The tasks to be performed under the scope of work may include Naval Nuclear Propulsion Information (NNPI). Security and dissemination requirements shall follow OPNAVINST N9210.3.

7.3 Although tasks to be performed may include GFI and up to CONFIDENTIAL security and contain NNPI, all deliverables shall omit any classified or NNPI information, so that all deliverables are CUI, Distribution D. The contractor shall ensure that all employees maintain appropriate derivative classifier and NNPI security certifications.

8.0 PERFORMANCE:

7.1 Place of Performance: The primary place of performance shall be at the Contractor’s facility. Contractor shall be present at NSWCCD for a minimum of one day every week.

7.2 Period of Performance: The period of performance of the task order shall be from the effective date of award through 31 Dec 2024.

9.0 POINTS OF CONTACT

TBD

10.0 Definitions

10.1 Commitments: Commitments are program office products which assign various stakeholders actions such as comment, concurrence, or signature. The submarine senior shock engineering manager is ultimately responsible for all comment, concurrence, and signature activities; commitment review support assisting and advising the engineering manager in performing these tasks. Commitment route sheets include an assigned due date. For the vast majority of commitments, the documents enclosed are approval requests to the program office or NAVSEA from the lead shipyard (Electric Boat), vendors for the lead shipyard, or other engineering entities. Items which require program office or NAVSEA approval are outlined in the ship specifications and other approval delegation letters.

10.2 Comment Adjudication: Comment adjudication is initiated when the requesting activity (lead shipyard, Vendor, or other engineering entity) provides written responses to the comments generated against the commitment. For reviews of medium or high complexity, communication between the Government and requesting activity is generally required to resolve comment adjudications, in the form of written correspondence, teleconferences, and/or meetings. The final comment adjudication is incorporated and documented into the program office comment matrix.

10.3 Commitment Package: For the purposes of this PWS, commitment packages can include:

· Letter from the engineering entity requesting approval

· All enclosures to the requesting engineering entities’ letter

· Any historical documents (i.e. letters, meeting minutes, and associated presentations, shock qualification plans, shock test reports, etc.) that document past precedence and/or approval supports essential rationale in the approval request. These documents shall be determined by the Technical Advisor.

Low Complexity Reviews (PWS 3.1.2)

FFP

Conduct Low Complexity Reviews in accordance with 3.1.1 of the Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 1301077612

PSC CD: AC32

NET AMT

High Complexity Reviews (PWS 3.1.2)

Conduct High Complexity Reviews in accordance with 3.1.2 of the Performance Work Statement (PWS).

FOB: Destination

NET AMT

Comment Adjudication (PWS 3.2)

Conduct Comment Adjudication in accordance with 3.2 of the Performance Work Statement (PWS).

FOB: Destination

NET AMT

Pre-SIT Meetings and MTG Min (PWS 3.3)

Conduct Pre-SIT Meetings and Meeting Minutes in accordance with 3.3 of the Performance Work Satement (PWS).

FOB: Destination

NET AMT

SIT Meetings (PWS 3.4)

Conduct SIT Meetings in accordance with 3.4 of the Performance Work Statement (PWS).

FOB: Destination

NET AMT

ODC's - Local Travel Trips

Local Travels in accordance with 3.5 of the Performance Work Statement (PWS).

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-DEC-2024

FOB: Destination

31-DEC-2024

31-DEC-2024

31-DEC-2024

31-DEC-2024

31-DEC-2024

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 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) The Government intends to award a contract to the responsible quoter who (1) is the Lowest Price Technically Acceptable quotation, (2) conforms to the solicitation, (3) proposes a price that is fair and reasonable, and (4) 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/Approach

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

Minimum Requirements:

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

1) A quote is deemed acceptable for the Technical Capability factor if it meets all requirements as defined in the solicitation Performance Work Statement (PWS)/Statement of Work (SOW) and/or minimum specifications.

2) 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/Approach 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.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Arnel Ngo email at arnel.a.ngo.civ@us.navy.mil.

The cut-off date for questions is 12:00 PM EST on 26 May 2023.

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

(c) 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 (OCT 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). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (12) 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).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

____ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

(22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (OCT 2022) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii)…