N0018920Q0148.pdf

SEE ADDENDUM

(No Collect Calls)

N0018920Q0148 09-Mar-2020

b. TELEPHONE NUMBER

757-443-1959

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 17 Mar 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001899. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SAMANTHA A. KLEINTANK

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: S. KLEINTANK

1968 GILBERT ST, SUITE 600

NORFOLK VA 23511-3392

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N40080 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FEC WASHINGTON

SHERYL JENKINS

SEE SHIPPING INSTRUCTIONS

WASHINGTON NAVY YARD DC 20374

TEL: 301-757-4840 FAX:

757-443-1424FAX:

TEL: 757-443-1959 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325120

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0018920Q0148

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 110,000 Gallon Propane Delivery Fixed Overhead

FFP

NOT TO EXCEED PRICING: Propane Delivery in accordance with the Performance Work Statement (PWS). This CLIN represents the portion of price per gallon for overhead fixed price/fixed costs and profit. This CLIN will not be adjusted in accordance with the Economic Price Adjustment Clause. CLIN 0001 and CLIN 0002 represent the total price per gallon of propane.

FOB: Destination

MILSTRIP: N4008020RC001FN

PURCHASE REQUEST NUMBER: N4008020RC001FN

PSC CD: 6830

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 110,000 Gallon Propane Delivery Fixed Propane

FFP

NOT TO EXCEED PRICING: Propane Delivery in accordance with the Performance Work Statement (PWS). This CLIN represents the actual firm fixed cost/price per gallon, not including overhead fixed costs or profit. This is the actual price for the vendor to acquire 1 gallon of propane gas. This CLIN will be adjusted in accordance with the Economic Price Adjustment Clause. CLIN 0001 and CLIN 0002 represent the total price per gallon of propane.

FOB: Destination

MILSTRIP: N4008020RC001FN

PURCHASE REQUEST NUMBER: N4008020RC001FNPROPANE

PSC CD: 6830

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 24-MAR-2020 110,000 FEC WASHINGTON

SHERYL JENKINS

SEE SHIPPING INSTRUCTIONS

WASHINGTON NAVY YARD DC 20374

301-757-4840 FOB: Destination

N40080

0002 24-MAR-2020 110,000 (SAME AS PREVIOUS LOCATION)

FOB: Destination N40080

PERFORMANCE WORK STATEMENT

1. Background and Need: The Naval Facilities Engineering Command (NAVFAC) requires contractor support to provide all labor, equipment, material, supervision, and transportation necessary to supply and deliver approximately 110,000 gallons (NTE) for one year of propane gas to the following sites within NAVFAC’s area of operation (Please see attached Excel Sheet listing individual tank sites):

Pax River, Webster Field, Solomon’s Annex Public Works, Bldg 504 22445 Peary Rd Patuxent River, MD 20670

Indian Head Public Works, Bldg. 873 4638 Hersey Road Indian Head, MD 20640

Dahlgren Public Works, Bldg. 182 18330 Thompson Road Dahlgren, VA 22448

Annapolis Public Works, Bldg. 181 181 Wainwright Road Annapolis, MD 21402-5013

2. The contractor shall:

Make weekly deliveries of propane Perform urgent deliveries within eight (8) hours of being contacted by a government representative Obtain base access badges and DBIDS passes for employees accessing sites (government will not pay for this).

Possess and maintain a current permit to transport material over the Governor Harry W. Nice Bridge prior to the start date of the contract, or plan the transport of the material that does not involve crossing the bridge. This bridge links Newberg, MD with Dahlgren, VA.

Interface with the designated points of contact receiving and processing the site’s delivery tickets

3. Leased Tanks – The contractor has 30 days from contract start to replace any leased tanks. It would be recommended for the new supplier to swap tanks with like in kind in regards to size. Supplier shall provide industry standard tanks in compliance with all State, Federal and National codes, standards and regulations governing their services.

4. Government-owned Tanks – Contractor shall provide all tank inspections to maintain compliance with all state, federal, and national codes, standards, and regulations.

5. Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information

Executive Order 13467, Reforming Processes Related to Suitability for Government Employee, Fitness for Contractor Employees and Eligibility for Access to Classified National Security Information, Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The 5 CFR 32 Part 157 in concert with DoD Manual 1000.13, Vol 1, implements the Federal Standards.

APPLICABILITY

This text applies to all DoD sponsored individuals who require CAC eligibility (or login and P/W if acceptable per contract) for: Physical access to DoD facilities or non-DoD facilities on behalf of DoD;

Logical access to information systems (whether on site or remotely); or remote access to DoD networks that use only the CAC logon for user authentication, or access to sensitive and protected information. This applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the DoD, the Defense Agencies, the DoD Field Activities and all other organizational entities within the DoD (hereinafter referred to collectively as the "DoD Components").

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

START-UP PERIOD

All contractor resource onboarding documents must be submitted via the prime contractor. The prime contractor shall make all necessary preparations to assume full responsibility for productive performance of the performance start date.

Definition of “productive”:

a. Visit Authorization Request (VAR)

b. Contractor Information Sheet (CIS)

c. Completed EQIP (Electronic Investigation)

d. All contractor resource(s) must have an active JPAS profile.

e. Common Access Card (CAC)

Note (1): Invoicing by the contractor will begin as of the commencement of the performance period of services and no reimbrusement will be paid by the government for efforts expended during the start-up period.

Note (2): Foreign Nationals are not allowed acces sot the functional/system side of Enterprise Resource Planning (ERP).

ACCESS TO DOD INFORMATION TECHNOLOGY ( IT) SYSTEMS

In accordance with (IAW) Secretary of the Navy (SECNAV) M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to sensitive information. Sensitive information includes information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information System Security Manager (ISSM)/Information Assurance Manager

(IAM).

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s CSM and ISSM/IAM upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor”.

The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Cyber Awareness training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS

FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING

SENSITIVE DUTIES

Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product) Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The

Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the CSM upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command’s ISSM/IAM. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Cyber Awareness training, and maintain a current requisite background investigation.

Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment.

An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS

FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES

Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc. ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

Must be either a US citizen or a US permanent resident with a minimum of 3 years of legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

Must have a favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:

SF-85 Questionnaire for Non-Sensitive Positions Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or T1 equivalent investigation, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM

Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

* Consult with your CSM and ISSM/IAM for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

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

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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 SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

252.209-7004 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 MAR 2016 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7021 Trade Agreements--Basic SEP 2019 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

DEC 2017

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

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

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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) Representation. 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.

ADDENDUM FAR 52.212-1

a) Quotes shall respond to all requirements of the solicitation document. Quoters are cautioned not to alter the solicitation.

b) In order to ensure that all questions submitted by potential quoters are answered prior to the solicitation closing date, one consolidated list of questions concerning the solicitation should be submitted via email to the contracting point of contact, Samantha Kleintank at samantha.kleintank@navy.mil no later than 3PM, Eastern Standard Time (EST), on March 12, 2020. The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. Accordingly, quoters are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the quotation timeframe.

c) Quoter shall submit their quotation so that it is received by the Navy no later than the time of closing included on Block 8 of the SF1449. Quotation shall be submitted via email to Samantha Kleintank at samantha.kleintank@navy.mil.

d) Each page of each copy should include the following legend:

Source Selection Information - See FAR 2.101 and 3.104

e) Page counts are as follows:

- Factor I: Technical Capability – 4 Pages

- Factor II: Past Performance – 15 Pages

- Factor III: Price – No Page Limit

QUOTE PREPARATION INSTRUCTIONS

The quotation shall consist of three parts: (1) Technical Capability, (2) Past Performance, and (3) Price.

1. Technical Capability: The Technical capability is comprised of the following:

- Current Licensure: The vendor shall include a copy of their current permit to transport material over the Governor Harry W. Nice Bridge, or provide a plan to transport the material that does not involve transport over the bridge.

- Tank Maintenance: The vendor shall present a plan that clearly describes the techniques and procedures to be used to ensure the requirements of the PWS are completed in a timely, responsive, professional, and efficient manner. The plan shall address at a minimum, the following technical requirements, demonstrate their understanding of the requirements of the PWS, and their ability to perform the following:

Replace (or re-lease) all leased tanks with tanks of similar size within 30 days of contract award, to include a detailed plan for the replacement (or re-lease) of the leased tanks.

Ability to deliver propane.

Maintain all government-owned tanks to state, federal and national codes, standards, and regulations.

Respond to all urgent deliveries within eight hours of the request.

No price information shall be included in the Technical Submission section.

2. Past Performance: The offeror shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts within the past five years prior to the solicitation closing date that is the same as or similar to, the scope and magnitude of the work described by this solicitation.

To demonstrate its past performance, the offeror shall identify up to three of its most relevant contracts within the past five years from the solicitation closing date. In addition, performance data will only be assessed for those references demonstrating at least one year of completed performance within the five years prior to the closing date of this solicitation. Offerors shall provide a detailed explanation demonstrating the relevance of the contracts to the requirements of the solicitation. For purposes of this solicitation, a contract is defined as a single contract or a single task order placed under an ID/IQ contract, a Blanket Purchase Agreement (BPA), or a Federal Supply Schedule. Submitting a Past Performance reference using the Multiple Award Contract (MAC) for Joint Force Development support by itself will not be considered. The offeror may submit a Past Performance reference citing a specific task order under the MAC supporting Joint Force Development for consideration. For acceptable consideration, these tasks must reasonably be judged as delivering exercises that support collective joint training, as defined in CJCSI 3500.01G and/or Navy fleet MOC staff collective training.

If the offeror includes delivery orders/task orders as past performance, the offeror shall state specifically what work was performed by the offeror under the delivery order/task order and the dates during which work was performed.

Subcontractor performance (either the offeror's own subcontractor experience or proposed subcontractors experience) of major or critical aspects of this requirement will be considered as highly as prime contractor past performance information for the offeror.

a. If proposed subcontractor past performance is provided as part of the three of its most relevant contracts or efforts, the percentage and type of work to be done by the subcontractor on the solicitation requirement must be stated. The offeror’s proposal shall detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. A Past Performance example which does not detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform will not be evaluated.

b. If the prime offeror or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall detail clearly the work that it performed and the magnitude (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall contract effort and the subcontractor effort will not be evaluated.

The references will be evaluated in the aggregate in order to allow offerors who may not have the entire scope and magnitude of the requirement under one individual contract to still be considered acceptable if past performance with the full scope and magnitude of the requirement can be demonstrated within the allotted number of references as described above.

The offeror should complete a Past Performance Information Form (Attachment 2) for each reference submitted. The form is an attachment to the solicitation. For additional information regarding a particular reference beyond that which will fit on the form, the offeror may continue onto another sheet of paper. The forms and any such continuation sheet(s) for submitted references will count toward the Volume II page limit described at the end of this section.

In addition to the information requested above, offerors shall contact their past performance references and request that each reference complete (Attachment 3) – Past Performance Report Form and e-mail the completed survey form directly to Samantha Kleintank at samantha.kleintank@navy.mil by the DUE DATE OF THIS SOLICITATION. The Government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information.

3. Price: Price submission shall consist of the following:

SF 1449 Section “Schedule of Supplies/Services” completed by the quoter.

A complete and signed Standard Form 1449, “Solicitation/Contract/Order for Commercial Items” and executed copy of Amendments, if applicable.

Unless completed in System for Award Management (SAM), “Representations, Certifications and Other Statements of Offerors” completed by the offeror (to be provided with Quote).

Price quote shall be good for 60 days.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

Technical Past Performance Price

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM FAR 52.212-2

The Government intends to award a Firm Fixed Priced (FFP) contract to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation by utilizing the trade-off process. The quote shall be in the form prescribed by, and shall contain a response to each of the areas identified in the Instructions to Quoters, Addendum 52.212-1, section of the solicitation. The Government intends to evaluate quotes and award the contract upon initial quotes. Therefore, the initial quote should contain the quote’s best terms from a technical, past performance, and price standpoint.

The evaluation of quoters will be conducted via the following:

This section will evaluate Factor I-Technical, Factor II-Past Performance, and Factor III –Price. The evaluation of quotes will consider Factor I-Technical and Factor II-Past Performance equally weighted. When combined, Factor I and Factor II are significantly more important than Factor III –Price.

Quoters will be ranked from lowest to highest price.

If the lowest priced quote is evaluated to have an overall Technical rating of ‘Outstanding’ and Past Performance Confidence Assessment rating of ‘Substantial Confidence’, that quote represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that quoter without further consideration of any other quotes. However, if the lowest priced quote is not evaluated to have a Technical rating of ‘Outstanding’ and ‘Substantial Confidence’ Past Performance Confidence Assessment rating, the next-lowest priced quote will be evaluated. The evaluation process will continue (in order of price from lowest to highest) until a quoter is evaluated to have a Technical rating of ‘Outstanding’ and ‘Substantial Confidence’ Past Performance Confidence Assessment rating. The Government shall then make and integrated best-value award decision between the quoter rated with a Technical rating of ‘Outstanding’ and ‘Substantial Confidence’ Past

Performance Confidence Assessment rating and all lower priced awardable quotes.

Evaluation Tables

Factor I (Technical Capability):

The quoter shall be evaluated on the documentation describing their approach to ensure the performance and ability to meet specifications in the PWS. The table below entitled “Combined Technical/Risk Ratings Table” will be utilized for the assignment of ratings for Factor I. The quoter will be evaluated on the accuracy, completeness and feasibility of its response to Addendum 52.212-1. The purpose of this Factor is to assess the quoter’s proposed approach to satisfy the Government’s requirements.

The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. Combined technical/risk evaluations will utilize the combined technical/risk ratings from the Technical Rating Table below.

Table 1 – Combined Technical/Risk Ratings Table

Technical Rating Description

Outstanding Quote indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Quote indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable Quote meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Quote has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable Quote does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Quote is un-awardable.

Definitions:

Strength is an aspect of a quoter’s quote that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness means a flaw in the quote that increases the risk of unsuccessful contract performance.

Significant Weakness in the quote is a flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency is a material failure of a quote to meet a Government requirement or a combination of significant weaknesses in a quote that increases the risk of unsuccessful contract performance to an unacceptable level.

Risk, as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which a quoter’s proposed approach to achieving the technical factor may involve risk of disruption of schedule, degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

Low: Has little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties.

Moderate: Can potentially cause disruption of schedule, increased cost or degradation of performance. Special contractor emphasis and close government monitoring will likely be able to overcome difficulties.

High: Is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

NOTE: A rating of “Marginal” for Factor I means that the quote is not awardable without a change or changes to the quote. A quote which includes a “Marginal” rating is not eligible for award if award is made on initial quotes.

Quoters that receive a “Marginal” rating are considered to be susceptible to correction if the Source Selection Authority determines that an exchange (pursuant to FAR 15.306) is appropriate and said exchange is conducted.

A rating of “Unacceptable” for Factor I means that the quoter’s quote is not awardable and will not be further evaluated.

Quoters simply providing general statements or paraphrasing/parroting the PWS in whole or in any part shall be rated unacceptable.

Factor II (Past Performance):

The past performance evaluation factor assesses the degree of confidence the Government has in an quoter’s ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance. There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each quoter.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. For purposes of this solicitation, recent past performance is performance that has taken place within five (5) years as of the closing date of this solicitation. Performance outside of this stated period will not be considered for evaluation purposes.

Past Performance Relevancy Ratings

First, the Government will assess each past performance reference under each quoter’s Past Performance submission to determine scope and magnitude relative to this requirement. The following definitions will apply to this evaluation:

• Scope: The measure of the similarity of the scope of the PWS and the quoter’s contracts. The PWS scope meets the majority of the objectives as defined in the solicitation.

• Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the PWS and the quoter’s references. Magnitude will be evaluated on the dollar amount of work actually performed under the contract or contracts during the relevant five-year period established by this solicitation.

The aggregated total sum of each quoter’s Past Performance references in terms of scope and magnitude will result in the overall relevance of that quoter’s past performance reference submissions. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance.

The Past Performance Relevancy Ratings are listed in Table 2 – Past Performance Relevancy Rating Table below:

Table 2 – Past Performance Relevancy Ratings Table

Rating Description

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort this solicitation requires.

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the quoter’s past performance. The Government will review all past performance information collected and determine the quality of the quoter’s performance, including general trends and usefulness of the information, and will incorporate this into the past performance confidence assessment.

Past Performance Confidence Assessment Ratings

Next, the overall assigned rating for Past Performance will be the Past Performance Confidence Assessment rating.

The assignment of this rating will be based on the quality of the relevant past performance and will also consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance. The quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of Past Performance Confidence. This evaluation and rating is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating the relative capability of the quoter and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which the Government feels are most relevant to the RFQ. The Past Performance Confidence Assessment Ratings are detailed in the table as follows:

Table 3 – Past Performance Confidence Assessment Ratings Table

Adjectival Rating Description

Substantial Confidence Based on the quoter’s recent/relevant performance record, the Government has a high expectation that the quoter will successfully perform the required effort.

Satisfactory Confidence Based on the quoter’s recent/relevant performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the quoter’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The quoter may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the quoter’s recent/relevant performance record, the Government has a low expectation that the quoter will successfully perform the required effort.

No Confidence Based on the quoter’s recent/relevant performance record, the Government has no expectation that the quoter will be able to successfully perform the required effort.

In the case of quoters for which there is no information on past contract performance or where past contract performance information is not available, the quoter may not be evaluated favorably or unfavorably on the past performance factor. In this case, the quoter’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although a quoter that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

In order to determine the quality of performance, the Government may utilize existing data sources, including the Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting…