N0016724Q0053 CSS.pdf

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. The Naval Surface Warfare Center Carderock Division (NSWCCD) intends to solicit only one source under the authority of FAR Part 13.106-1(b) the Contracting Officer has determined that circumstances of the contract action deem only one source reasonably available. The Government intends to solicit with Qualisys North America, Inc. for an Underwater Motion Tracking System.

The NAICS code is 334310 and the Small Business Standard is 750 Employees

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 2023-06 and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20231222. SEE ATTACHED SOLICITATION FOR

CLAUSES AND PROVISIONS.

Interested parties may identify their interest to this requirement by submitting a capabilities statement no later than 10:00 AM ET on Tuesday 23 January 2024. This notice of intent is NOT a request for competitive quotes. However, all capabilities statements received by 10:00 AM ET on Tuesday 23 January 2024 will be considered by the Government. A determination by the Government not to compete this proposed purchase order based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. 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 10:00 AM ET on Tuesday 23 January 2024 by email to tracy.l.mcdonough2.civ@us.navy.mil

Point of Contact for this notice is Tracy McDonough at tracy.l.mcdonough2.civ@us.navy.mil

N0016724Q0053

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

Underwater Motion Capture System

FFP

Engineering, hardware, software, installation support, testing, and commissioning, for a fully functional underwater motion tracking system as detailed in the Performance Work Statement.

Period of Performance from date of award through 30 September 2024.

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PURCHASE REQUEST NUMBER: 1301121554

PSC CD: 6710

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 1 Each OPTION Underwater Motion Capture System

FFP

No Cost -- Continuation of required services for FY25 if needed.

Period of Performance from 1 October 2024 through 30 September 2025 FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PSC CD: 6710

NET AMT

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Maneuvering and Seakeeping (MASK)

Basin Underwater Tracking System

1.0 DESCRIPTION OF SERVICES/INTRODUCTION: This contract shall provide the necessary engineering, hardware, software, installation support, testing, and commissioning, for a fully functional underwater motion tracking system in the Maneuvering and Seakeeping (MASK) basin at NSWC Carderock.

2.0 BACKGROUND: Testing in the MASK has been lacking an underwater optical tracking system to adequately cover the testing volume. This is a priority with the increased frequency of underwater testing, to include wave and wind energy devices, and the future of autonomous testing where a more accurate solution on the full 6 degrees of freedom will be needed to characterize those systems. The underwater tracking system will allow full 6 degree of freedom (6 DOF) measurements of single or multi-body systems in the underwater volume.

3.0 OBJECTIVE:

3.1 The contractor shall deliver, install, test, and commission a fully-working Qualisys underwater motion tracking system at the Naval Surface Warfare Center, Carderock Division (NSWCCD) at the MASK basin. The overall dimensions of the basin include 360ft (110m) length x 240 ft (73m) with 20ft (6.1m) depth and a total operational area of 193ft (58.8m) x 313ft (95.3).

3.1.1 This section delineates the Government and contractor responsibilities for the motion detector installation.

3.1.1.1 Government Installation Responsibilities. The Government will provide the following installation services:

3.1.1.1.1 The Government will drill the mounting holes in the MASK to enable the mounting of the cameras and reference markers.

3.1.1.1.2 The Government will provide the required electrical wall outlets and plug in the motion detector system to the wall outlets in the MASK.

3.1.1.2 Contractor Installation Responsibilities. Excluding the taskings specified in

Section 2.1.1.1 Government Installation Responsibilities, the contractor shall provide all of the required installation services to provide a fully-working underwater motion tracking system including the following:

3.1.1.2.1 The contractor shall clearly mark all holes for the cameras and reference markers to be drilled by the Government as described in Section 2.1.1.1.1.

3.1.1.2.2 The contractor shall securely mount the required cameras and reference markers to the MASK basin walls.

3.1.1.2.3 The contractor shall provide electric power cords that are pluggable into standard electrical outlets.

3.1.2 The contractor shall be present for a mandatory Post-Award On-Site Kick Off

Meeting to review the procedures and policies of the MASK and the expectations of the contractor, and subcontractor employees to follow the outlined procedures and policies. The contractor and subcontractors shall follow the procedures and policies set forth in this meeting.

3.1.3 After the mandatory Kick Off Meeting, the contractor shall provide, for concurrence by the Government, a comprehensive Installation and Commissioning Package for the Motion Detector System. The Installation and Commissioning Package shall include the required number of cameras and reference markers to accommodate the MASK basin. In addition, the Package shall include the planned sequence of installation events and overall planned installation schedule. Furthermore, the Package shall include the detailed commissioning procedure. The contractor shall provide an updated schedule to the Government anytime the scheduled installation date changes by more than 2 weeks. (CDRL A001, CDRL A003)

3.1.4 After commissioning and acceptance by the Government, the contractor shall provide technical documentation that summarizes the as-built installed system including the electrical and mechanical interfaces. In addition, the contractor shall provide documentation on the software products used and a software user manual on the underwater motion detection system. (CRDL A002, A004, A005, A006)

3.2 The contractor shall provide workforce training on the calibration and operation of the

Qualisys motion tracking system. The contractor shall provide a “how to” guidance document on operating and troubleshooting the underwater motion detection system.

(CRDL A001)

3.3 The contractor shall provide the standard Original Equipment Manufacturer (OEM) warrantees.

4.0 SPECIAL QUALIFICATIONS:

4.1 The Contractor shall have a minimum of 5 years of experience working with labs and universities in the U.S. in the underwater marine vessel research.

4.2 The contractor is responsible for ensuring that all contractor employees, to include any subcontractors, have appropriate safety training and certifications to perform the work required in Section 3 of this document.

4.3 The contractor is responsible for ensuring that all contractor employees, to include any subcontractors, are able to be approved for DoD installation access by the physical security officer (i.e. the service technician shall be a US citizen and not have a felony conviction on his record).

5.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION:

N/A

6.0 APPLICABLE DOCUMENTS:

7.0 DELIVERABLES: The contractor shall provide deliverables as described in the PWS/SOW and CDRLs. Format and delivery schedule for deliverables will be outlined in the CDRLs.

Number Name A001 Technical Report A002 Acceptance Test Report (ATR) A003 Engineering Documentation Product Drawings A004 Computer Software Product A005 Software User Manual A006 As Built Configuration List

8.0 SECURITY/SITE ACCESS REQUIREMENTS:

All contractor personnel must be approved for DoD installation access by the physical security officer. Personnel must be US citizens and no felony convictions on their record. Contractor personnel must obtain the required identification badges and follow security and safety regulations while aboard any Government installation. Contractor personnel shall comply with all local base/installation security procedures required to gain access to US Government facilities. All contractor equipment, personnel and vehicles are subject to inspection and search by US government security officials (or designated representatives) upon entry to any government owned and/or operated installations and facilities. The Government reserves the right to visit and inspect, the Contractor’s assets used in support of this requirement.

The Government shall provide the necessary paper work identified below which shall be completed by all contractor personnel requiring base access.

Document Type

No./Version Title

PED

Request

CARDEROCKDIV

Form 5239/9 (07-10)

Authorization Request for Operation of Non-DoD Portable Electronic Devices (PEDs) at Naval Surface Warfare Center - Carderock Division

(NSWCCD)

Visit Request

OMB 0703-0061

05/31/2024

DEPARTMENT OF THE NAVY LOCAL

POPULATION ID CARD/BASE ACCESS PASS

REGISTRATION

To initiate the site access process (for both personnel and vehicles), the Contractor will contact the NSAW police at the Carderock Visitor Center (301-227-1500/1501). The Visitor Center personnel will provide further instructions/information (procedures, forms, etc.).

The Government shall provide a minimum of two (2) personnel for security, escort, and support at all times. If necessary the Government can supply additional personnel, however if more than four (4) personnel are required, the contractor shall provide the Government at least 48 hours’ notice. The exact number of escorts will depend on the proximity of the daily taskings conducted by the contractor in the MASK and the ability of the escorts to provide direct “eyes on” monitoring of the contractor individuals.

The standard workweek is Monday through Friday from 0700 to 1600. If the contractor requires work on a day not included on the schedule, the Government will make every attempt to accommodate the contractor request, but cannot guarantee that the request will be accommodated.

Contractor personnel must confine themselves to the work sites specified in their contract.

Visiting other areas is prohibited. Identification issued by the Visitor Center must be displayed at all times. Access to Carderock buildings will not be allowed without proper identification.

Pursuant to federal regulations, all personnel and vehicles on NSWCCD property are subject to search by authorized personnel at any time. No Contractor personnel shall be allowed to operate a privately owned vehicle on station other than for ingress and egress. All private vehicles shall be parked in the designated areas. The Visitor Center will arrange for special contractor parking, if required. Contractor personnel shall not park in numbered/reserved spaces, areas reserved for car pools, or other prohibited areas. Posted speed limits and traffic restrictions must be observed at all times.

Alcoholic beverages, weapons, cameras, sound recorders, proscribed drugs and explosives are prohibited on NSWCCD property. The bearing and use of lighted cigarettes, e-cigarettes, cigars, pipes, or any tobacco product is not permitted except in designated areas.

Use of Government property without prior written approval of the Contracting Officer is prohibited.

Accidents or problems of a security/safety nature must be reported to the NSWCCD Security and Safety Offices immediately.

9.0 PERIOD OF PERFORMANCE:

Period of Performance: Date of award through 30 September 2024

The Government reserves the right to adjust the beginning of installation and commissioning in order to meet any Navy required testing deadlines. The Government shall provide, in writing, any request to delay installation due to testing schedules.

Option to extend the contract through 30 September 2025 at no additional cost to the Government and all terms and conditions will remain the same.

MINIMUM SPECIFICATIONS

Underwater Motion Tracking System Minimum Specifications

The complete system must be able to track underwater vessels with an accuracy of 5cm within the operational area of the underwater volume of the Maneuvering and Seakeeping basin (MASK) with dimensions 58m wide by 95m long and 6m deep. To fully utilize this system, a design for an underwater active LED tracking marker with a minimum IP68 rating will be needed.

The system must be supplied by a company with a minimum of 5 years of directly related experience working with labs and universities in the US in underwater marine vessel research.

Underwater Cameras must meet or exceed:

Cameras need a minimum of 12 MP and 300 fps Must be IP68 rated Come with all cables needed to operate Come with camera mounts to install on basin wall.

Reference markers must be seen underwater by motion tracker cameras to help orient and calibrate the system.

They must also come with mounts to install on basin wall.

Standard Original Equipment Manufacturer (OEM) warranty on all Underwater Motion Tracking System parts and components.

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 CDRL A001 Technical

Report-StudyServices

Attachment 10 CDRL A005 DI-IPSC- 81443A

Attachment 11 CDRL A006 As Built Configuration List

Attachment 12 CDRL A006 DI-CMAN- 81516

Attachment 2 CDRL A001 DI-MISC- 80508B

Attachment 3 CDRL A002 Acceptance Test Report

Attachment 4 CDRL A002 DI-QCIC- 81891

Attachment 5 CDRL A003 Engineering Documentation Product Drawings

Attachment 6 CDRL A003 DI-DRPR- 81680

Attachment 7 CDRL A004 Computer Software Product

Attachment 8 CDRL A004 DI-IPSC- 81488

Attachment 9 CDRL A005 Software User Manual

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-SEP-2024 1 N/A

FOB: Destination

1001 30-SEP-2025 1 N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (NOV 2023) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.222-52 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Certification

MAY 2014

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements

MAY 2014

52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

MAR 2023

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 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

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) conforms to the solicitation,

(2) contains a price that is fair and reasonable, and (3) 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 not 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) and/or minimum specifications.

2) Technical Capability/Approach 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.

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.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Tracy McDonough email at tracy.l.mcdonough2.civ@us.navy.mil

The cut-off date for questions is 10:00 AM EST on Friday, 19 January 2024.

(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 (NOV 2023)

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004s) (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.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (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.)

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

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

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

___ (6) [Reserved]

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

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

X (10) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (12) [Reserved]

____ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (15) [Reserved]

____ (16)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (17)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

X (18) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

____ (19)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (20) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

____ (21) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

X (24) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C.

632(a)(2)).

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

____ (25) 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)).

____ (26) 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)).

____ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (28) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (29) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (30) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

X (31) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (32)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

X (33)(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 (34)(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.

X (35) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (37)(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).

____ (38) 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.)

____ (39)(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.)

____ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (42)(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.

____ (43)(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.

____ (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (45)(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 (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (47) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (48) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (49)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (50) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

____ (51)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

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

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

____ (52) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (53) 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).

____ (54) 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. Subtitle A, Part V, Subpart G Note).

____ (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (57) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (58) 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. 3805).

____ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (60) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (61) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (62) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (63) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (65)(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.]

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

_____ (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).

X (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).

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

13658).

_____ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii) 52.219-8, Utilization of Small…