N0016724Q0140 CSS.pdf

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Cronos-11, GEM-5, and GEM-5N Maintenance, Hardware and Training
Solicitation number
N0016724Q0140
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This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6. The Naval Surface Warfare Center Carderock Division (NSWCCD) intends to award a firm fixed price contract to Mirion Technologies (Canberra), Inc. for Cronos-11, GEM-5, and GEM-5N Maintenance, Hardware and Training on a sole source basis under the authority of FAR Part 13.106-1(b). The contract will be for a base year with four one-year option periods. The required services include telephone/email technical support, preventive and emergency maintenance, configuration management, spare parts kits maintenance, and training. The contractor shall also provide system keyboards, ground straps, and embedded computer upgrades. Responses are due by 10:00 AM ET on Monday, July 29, 2024. The NAICS code is 811210 and the small business size standard is $34 million.

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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 Mirion Technologies (Canberra), Inc. for Cronos-11, GEM-5, and GEM-5N Maintenance, Hardware and Training.

The NAICS code is 811210 and the Small Business Standard is $34 Million

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 2024-05 and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20240627. 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 Monday 29 July 2024. This notice is NOT a request for competitive quotes. However, all capabilities statements received by the above deadline 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 Monday 29 July 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

N0016724Q0140

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

System Support & Maintenance Services

FFP

Required services for Cronos-11 (Tool Contamination Monitor), GEM-5N, and GEM-5 (Portal Monitor) systems in accordance with Performance Work Statement section 3.1 and 3.3.1 FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PSC CD: J066

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot

Training

FFP

Training in accordance with the Performance Work Statement section 3.2 FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PSC CD: U099

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 39 Each System Keyboards

FFP

Contractor shall deliver one (1) keyboard, Universal Serial Bus keyboard /touchpad for each spare part kit listed in Appendix I and as detailed in the Performance Work Statement FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PSC CD: 6665

0004 72 Each System Ground Straps

FFP

Contractor shall deliver four (4) ground straps for each of the Cronos-11 spare part kits listed in Appendix I and as detailed in the Performance Work Statement FOB: Destination

1001 1 Lot OPTION System Support & Maintenance Services

FFP

Required services for Cronos-11 (Tool Contamination Monitor), GEM-5N, and GEM-5 (Portal Monitor) systems in accordance with Performance Work Statement section 3.1 and 3.3.1 FOB: Destination

PSC CD: J066

1002 1 Lot OPTION Training

FFP

Training in accordance with the Performance Work Statement section 3.2 FOB: Destination

2001 1 Lot OPTION System Support & Maintenance Services

FFP

Required services for Cronos-11 (Tool Contamination Monitor), GEM-5N, and GEM-5 (Portal Monitor) systems in accordance with Performance Work Statement section 3.1 and 3.3.1 FOB: Destination

2002 1 Lot OPTION Training

FFP

Training in accordance with the Performance Work Statement section 3.2 FOB: Destination

2003 29 Each OPTION Embedded Computer Upgrades

FFP

Embedded Computer Upgrades as detailed in the Performance Work Statement section 3.4 FOB: Destination

3001 1 Lot OPTION System Support & Maintenance Services

FFP

Required services for Cronos-11 (Tool Contamination Monitor), GEM-5N, and GEM-5 (Portal Monitor) systems in accordance with Performance Work Statement section 3.1 and 3.3.1 FOB: Destination

3002 1 Lot OPTION Training

FFP

Training in accordance with the Performance Work Statement section 3.2 FOB: Destination

4001 1 Lot OPTION System Support & Maintenance Services

FFP

Required services for Cronos-11 (Tool Contamination Monitor), GEM-5N, and GEM-5 (Portal Monitor) systems in accordance with Performance Work Statement section 3.1 and 3.3.1 FOB: Destination

4002 1 Lot OPTION Training

FFP

Training in accordance with the Performance Work Statement section 3.2 FOB: Destination

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Cronos-11, GEM-5, and GEM-5N Maintenance, Hardware and Training

1.0 DESCRIPTION OF SERVICES/INTRODUCTION

The Naval Surface Warfare Center Carderock Division (NSWCCD), Radiation Detection Technology Branch (RDTB), Code 631, requires a Firm Fixed Price (FFP) Option contract for one (1) base year and four (4) one year option periods to perform services, including preventative maintenance (PM) and repair, and, provide materials to support the operational requirements of Cronos-11 (Tool Contamination Monitor), GEM-5N, and GEM-5 (Portal Monitor) systems. The services and materials support shall be provided to fifteen sites within the Naval Nuclear Propulsion Program (NNPP).

2.0 BACKGROUND

A collection of Cronos-11, GEM-5 and GEM-5N monitor systems at various NNPP sites require continual services and materials support in order to function to detect radioactive contamination on personnel upon exiting radiologically controlled areas. Currently, support for the NNPP’s systems is provided by Mirion Technologies (Canberra), Inc. under the scope of contract N00167-19-P-0354. This proposed acquisition is required to allow for a continuation of support for the NNPP’s monitor systems beyond the current contract’s expiration date of 29 September 2024.

3 .0 OBJECTIVE

The Contractor shall perform services and provide materials for the NNPP’s Cronos-11, GEM-5, and GEM-5N monitor systems identified in Appendices A, B, and C, respectively.

Maintenance services shall include:

Telephone and email technical support;

Conduct preventive and emergency maintenance and repair site visits;

Configuration and software management;

Spare parts kits maintenance;

Technical manual and software user manual changes and revisions;

Providing of replacement spares for parts kits, other hardware as needed, and firmware and software upgrades.

Training shall include in-person training during site visits or virtually if necessary .

Materials required include systems’:

Monitor keyboards;

Ground straps;

Embedded computers.

3.1 Services:

3.1.1 Technical Support:

The Contractor shall perform technical assistance for operation, user-level maintenance, and troubleshooting of the systems identified in the PWS via:

Toll-free telephone/hotline number. Telephone support shall be available Monday through Friday, excluding Federal holidays, from 8:00 A.M. to 5:00 P.M. Eastern Time.

Email address. The Contractor shall respond to technical support requests, correspondence and information exchange via email. However, email service does not relieve the telephone support availability requirement.

3.1.2 Maintenance Services:

3.1.2.1 The Contractor shall travel to each site listed in Appendices A, B, and C to perform one (1) regularly scheduled on-site maintenance visit per year. The regularly scheduled visit shall be scheduled at a mutually convenient time. The Contractor shall provide a report for each system which provides a summary of the maintenance visit per CDRL A001.

3.1.2.2 The Contractor shall perform preventive maintenance, including those services listed below, to maintain the system in optimum performance and working condition, in accordance with manufacturer’s specifications and user-selected operating parameters. Maintenance shall be performed in accordance with the OEM’s recommended engineering and maintenance practices. The contractor shall furnish all supplies, test equipment, tools, etc., required to conduct PM services.

3.1.2.2.1 Preventive Maintenance services required are the following:

OEM-recommended, routine and preventive maintenance as described in the Cronos-11 and GEM-5N Technical Service manuals MAN-Cronos Rev. 00b and MAN-GEM5N Rev. 00 GEM-5N Operator’s Manual, respectively.

Cleaning, inspection, and testing of mechanical, electrical/electronics, optical and photronics subsystems and components.

Adjustment, as necessary, of system parameters (mechanical, electrical/electronic, optical and photronics) to within factory specifications.

Replacement of worn or broken parts and components from site spare parts kits, contents per Appendices F, G and H.

Replacement of broken parts and components other than parts kits’ spares, as required.

Replacement of embedded computers, as required.

Repair of any broken or malfunctioning components and equipment.

Installation of available firmware and software upgrades (under the terms applicable to the installation).

Provide technical manual changes and revisions as they become available, CDRL A004.

Replacement of hardware and installation of firmware and software changes resulting from approved Engineering Change Proposal (ECP) process, para. 3.1.4, below.

3.1.2.4 If the system has a new replacement (of kits’ parts or other part and component hardware), and/or repair, and/or upgrade of firmware and software, the contractor shall obtain a signature on Appendix D, “System Updates & Repairs”. The signature shall be obtained from the cognizant code, where Points of Contact (POCs) are listed in Appendix E of this contract.

3.1.2.5 Maintenance Completion: Upon completion of maintenance services specified in Appendix D, the Contractor shall demonstrate for the on-site technicians and/or Cognizant Health Physicist/Engineer satisfactory operation of the Cronos-11, GEM-5, and GEM-5N monitor. Operation and maintenance training shall be provided and documented as part of this demonstration when warranted due to installation/implementation of approved hardware, firmware, or software changes and when indicated by conditions discovered during maintenance.

3.1.3 Emergency Maintenance Services

3.1.3.1 In the event of a system malfunction, the site possessing the Cronos-11, GEM-5, and/or GEM-5N shall attempt to repair the system. In the case that the site cannot repair the system, the Contractor shall be available to travel to any site per Appendices A, B, and C to perform two unscheduled on-site emergency visits per site per year to repair the system. Initial service response shall be within 72 hours, and the disabled system shall be returned to service within three business days of failure notification for Continental United States (CONUS) NNPP locations. For Outside Continental United States (OCONUS) NNPP locations, the disabled system shall be returned to service within two weeks of failure notification.

The Contractor shall provide a report for each system which provides a summary of the maintenance visit per CDRL A001.

3.1.3.2 The contractor shall restore the system to working condition in accordance with manufacturer’s specifications and user-selected operating parameters. The contractor shall furnish all supplies, test equipment, tools, etc., required to conduct repair services. As needed services can include:

Inspection, troubleshooting, adjustment and testing.

Replacement of worn or broken parts and components from site spare parts kits, contents per

Appendices F, G and H.

Replacement of broken parts and components hardware other than parts kits’ spares, as required.

Replacement of embedded computers, as required.

Repair of any broken or malfunctioning components and equipment.

Installation of available firmware and software upgrades (under the terms applicable to the installation).

Replacement of hardware and installation of firmware and software changes resulting from approved Engineering Change Proposal (ECP) process, para. 3.1.4, below.

3.1.3.3 If the system has a new replacement (of kits’ parts or other part and component hardware), and/or repair, and/or upgrade of firmware and software, the contractor shall obtain a signature on Appendix D, “System Updates & Repairs”. The signature shall be obtained from the cognizant code, where POCs are listed in Appendix E of this contract.

3.1.4 Configuration Management

3.1.4.1 The Contractor shall submit Engineering Change Proposal (ECP)s in accordance with CDRL A002 for Cronos-11, GEM-5, and GEM-5N hardware, firmware, or software changes. The changes shall be addressed to Corporate Radiation Health (CRH) and the cognizant code at each local shipyard.

3.1.4.2 The ECP shall detail changes to the hardware, firmware, and/or software, including how the changes affect the output analysis and overall performance of the Cronos-11, GEM-5, and GEM-5N systems. If the ECP warrants no impact to the output analysis and overall performance of the system, then the Contractor shall include the evidence by providing a written description and associated technical data with the ECP submittal.

3.1.4.3 Hardware, firmware, or software changes shall be approved by the cognizant code at each local shipyard (See Appendix D, “System Updates & Repairs”).

3.1.4.4 If the Government deems testing is required to verify that modifications or upgrades are acceptable, then the Contractor shall provide samples of the modified or upgraded components (in the configuration planned to be installed/implemented) for Government testing and approval prior to installation/implementation. In addition, the Contractor shall provide the Government with testing and test results performed by the Contractor.

3.1.5 Software Management

3.1.5.1 The Contractor shall perform technical support for the Cronos-11, GEM-5, and GEM-5N software.

The services include the following:

Provision of software user manual changes and revisions as they become available, CDRL A004.

Technical support for the aforementioned software.

Technical support relating to solutions of technical questions and/or problems may be conducted by telephone or email.

If the Contractor identifies a software issue that warrants a fix, the Contractor shall notify the customer, and following Appendix D signature approval process, generate a new version of the software.

3.1.5.2 Software Licenses: The Contractor shall provide the shipyard POCs and the CRH POC with Cronos-11, GEM-5, and GEM-5N system software (equipment control, programming, etc.) license(s) to allow distribution and use of software. These licenses shall apply to original software, as well as any version changes or upgrades approved by the cognizant code for each local site. See Appendix D, “System Updates & Repairs” for signature approval to perform changes or upgrades from the cognizant code at each local shipyard.

3.1.6 Spare Parts Kits Maintenance

3.1.6.1 The Contractor shall perform services needed to obtain, ship and deliver replacement parts as used from the spare parts kits staged at each Cronos-11, GEM-5, and GEM-5N site. Kits were previously purchased under contract N00167-19-P-0354. Appendix I details the quantity and location of spare part kits. Each kit is considered part of the equipment configuration. As such, each spare parts kit is required to have a full complement of operational parts. The Contractor shall ensure that any part removed from a spares kit for installation into a monitor and any defective part is replaced within twenty (20) business days.

An inventory list of each spare part kit is included in Appendices F, G, and H.

3.1.6.2 The Contractor shall ensure that replacement parts include appropriate markings, labels or other documentation to indicate all required performance inspections and/or acceptance tests have been passed for all design functions of each part.

3.1.8 Document Changes

The Contractor shall provide technical manual and software user manual changes and revisions to each site in accordance with CDRL A004.

3.2 Training:

The Contractor shall perform in-person and virtual training on the Cronos-11, GEM-5N, and GEM-5 system at the sites listed in Appendix A, B, and C. The training shall occur once per year over the course of three days and be a minimum of eight hours each day. At a maximum, 20 trainees will attend a Cronos-11, GEM-5, and GEM-5N training session. The location and dates of the training will be coordinated by the Government following contract award. The Contractor shall provide training materials in accordance with

CDRL A003.

3.3 Materials:

3.3.1 Hardware, firmware and software. Reference paras. 3.1. 4 and 3.1.5, above, upon Government approval via the Appendix D, “System Updates & Repairs” form process, the Contractor shall:

3.3.1.1 Deliver replacement operational parts and components as used from any of the 36 Government owned Cronos-11, GEM-5 and GEM-5N spare parts kits per Appendix I. Includes 18 Cronos-11 spare parts kits at 12 locations, 16 GEM-5 spare parts kits at 10 locations, and, 2 GEM-5 spare parts kits at 1 location.

3.3.1.2 Deliver parts and components other than parts kits’ spares, as required for repair of any of the Cronos-11, GEM-5 and GEM-5N systems identified in Appendices A, B, and C.

3.3.1.3 Deliver firmware and software as required for upgrade of any of the Cronos-11, GEM-5 and GEM- 5N systems identified in Appendices A, B, and C.

3.3.1.4 The Contractor shall deliver replacement parts with identical operational parts (all design functions of multi-purpose/function parts included), to the extent those parts/designs are still supported or available, in order to maintain unaltered physical and functional configuration of hardware, firmware and software.

The Contractor shall provide an adapter for any parts requiring an adapter to attach a part to the system.

3.3.2 Monitor Systems’ Keyboards

Ninety (90) days after contract award, the Contractor shall deliver one (1) keyboard, Universal Serial Bus keyboard/touchpad for each spare part kit listed in Appendix I, Quantity of Spare Part Kits. Shipping addresses are provided in Appendix J. The keyboard is a new part to the kits. The Contractor shall deliver a total of 39 keyboards for:

19 of Cronos-11 spare parts kits at 12 locations, part number 201208;

18 of GEM-5N spare parts kits at 10 locations, part number 201240; and, 2 of GEM-5 spare parts kits at 1 location, part number 201240.

3.3.3 Ground Straps

Ninety (90) days after contract award, the Contractor shall deliver four (4) ground straps, part number 7080741 for each of the Cronos-11 spare part kit listed in Appendix I, Quantity of Spare Part Kits. Shipping addresses are provided in Appendix J. The ground straps are a new part to the kits. The Contractor shall deliver a total of seventy two (72) ground straps for 18 Cronos-11 spare parts kits at 12 locations.

3.4 Embedded Computer Upgrades:

3.4.1 The contractor shall deliver twenty-nine (29) embedded computer upgrades for twenty-nine (29) Cronos-11, GEM-5, and GEM-5N monitor systems. The hardware shall be equipped with a Windows operating system. The Government will notify the Contractor if the Windows operating system should be Windows 10 or 11 at the time of purchase.

3.4.2 The embedded computer hardware upgrade shall be compatible with monitor software version 9.05 and above.

3.4.3 The Government will notify the Contractor of the delivery destination at the time of purchase.

3.4.4 Embedded computers, part number 7079641, that are currently installed in Government-owned Cronos-11, GEM-5, and GEM-5N systems are considered Government Property and will not be returned to the Contractor unless authorized by the Government.

4.0 INVOICING:

Maintenance invoices shall be submitted at least quarterly.

5.0 SPECIAL QUALIFICATIONS:

The contractor shall possess at least five years of knowledge to maintain, repair, and provide training on Cronos-11, GEM-5, and GEM-5N systems.

6.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION:

N/A

7.0 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.

Number Name A001 Maintenance Service Report A002 Engineering Change Proposal A003 Training Materials A004 Revisions to Existing Government Documents

8.0 PERIOD AND PLACE OF PERFORMANCE:

8.1 Period of Performance

8.1.1 The period of performance for the base year will be 30 September 2024 through 30 September 2025.

There will be the option to extend annually for four (4) additional years. Each option year will begin 1 October and end 30 September of the following year.

8.1.1.1 The Required Delivery Date (RDD) for all materials is 90 days from the purchase date.

8.2 Place of Performance.

The primary place of performance shall be at the Government sites per Appendices A, B, and C. Contractor personnel shall be present at Government’s locations for estimated average of three to five days per week, depending on the quantity of systems at each location.

9.0 SECURITY REQUIREMENTS:

9.1 All contractor personnel performing work to support paragraphs 3.1 through 3.4 require a confidential clearance.

These security requirements apply to contractor employees who require access to a federally controlled facility.

9.2 Access to Federal Facilities

9.2.1 The Contractor shall ensure technicians visiting NNPP sites have a background check prior to performing any work on the Cronos-11, GEM-5N, and GEM-5 systems. A certificate of completion shall be provided by email to the TPOC identified in paragraph 10.1.

9.2.2 All visitors to each site listed in Appendices A, B, and C shall be United States citizens.

9.2.3 All services shall be coordinated through the equipment site’s POC as identified in Appendix E. The contractor shall contact the COR, Corporate Radiation Health (CRH), and NSWCCD, if the shipyard POC cannot be reached.

9.2.4 Contractors are considered visitors. Access to federally controlled facilities are at the discretion of the Government. The Government reserves the right to rescind access at any time. The Contractor shall comply with policies involving installation entry control and security.

9.2.5 Contractor employees shall complete all command specific in-processing requirements with the Global Cyber Alliance Security Division upon arrival and out-process prior to departure at the completion of the individual’s performance under the contract.

9.3 Common Access Card (CAC) Issuance

9.3.1 The CAC will be used as the identification credential for on-site contractors. A contractor must possess a valid need for physical access to government facilities. The COR is the competent authority in determining whether contractor support requires CAC issuance.

8.3.2 Contractor employees who have been issued CACs and/or badges, shall display the CAC at all times on outer garments, above the waist, when in DON spaces and removed from view when not in DON spaces. CACs or badges shall not be worn outside the installation nor used as personal identification, unless in the performance of the contract.

8.3.3 The Contractor shall provide a personnel roster of all prime and subcontract personnel and submit to the COR and the CAC Trusted Agent via e-mail no later than 30 business days following award of the contract. This shall be updated monthly and when changes occur.

10.0. GOVERNMENT POINT OF CONTACTS

10.1 Technical Point of Contact (TPOC)

*TO BE DETERMINED AT TIME OF AWARD

10.2 Contracting Officer Representative (COR)

10.3 Corporate Radiation Health

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2024 TO

30-SEP-2025

N/A N/A

FOB: Destination

0002 POP 30-SEP-2024 TO

30-SEP-2025

0003 90 dys. ADC 39 N/A

0004 90 dys. ADC 72 N/A

1001 POP 01-OCT-2025 TO

30-SEP-2026

1002 POP 01-OCT-2025 TO

30-SEP-2026

2001 POP 01-OCT-2026 TO

30-SEP-2027

2002 POP 01-OCT-2026 TO

30-SEP-2027

2003 90 dys. ADC 29 N/A

3001 POP 01-OCT-2027 TO

30-SEP-2028

3002 POP 01-OCT-2027 TO

30-SEP-2028

4001 POP 01-OCT-2028 TO

30-SEP-2029

4002 POP 01-OCT-2028 TO

30-SEP-2029

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

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

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 (MAY 2024) Alternate I

FEB 2024

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

NOV 2023

52.216-2 Economic Price Adjustment - Standard Supplies NOV 2021 52.216-4 Economic Price Adjustment-Labor and Material JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.222-48 Exemption from Application of Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification

MAY 2014

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

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-2 Service Of Protest SEP 2006 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

252.204-7000 Disclosure Of Information OCT 2016 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 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013)

MAY 2024

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

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

252.215-7013 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 FEB 2024 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

252.232-7003 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

252.246-7008 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.

52.212-2 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 quotes 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 all identified 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 ET on Wednesday 24 July 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 (MAY

2024)

(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 Covered Entities (DEC 2023) (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 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.]

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).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 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 (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

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

____ (14) [Reserved]

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

____ (16) 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).

____ (17) [Reserved]

____ (18)(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.

____ (19)(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 (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(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.

____ (22) (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.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

X (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

____ (27) 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)).

____ (28) 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)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O.

13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

X (35)(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 (36)(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 (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

X (39)(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).

____ (40) 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.)

____ (41)(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.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

____ (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.

____…

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