N0018921Q0307_Underwater Archaeologist Support Services.docx

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Underwater Archaeologist Support Services Federal contract opportunity
Solicitation number
N0018921Q0307
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Department of the Navy Naval Supply Systems Command

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N0018921Q0307

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

UNDERWATER ARCHAEOLOGY SUPPORT SERVICES

1.0 Period of Performance

· July 19, 2021 – December 18, 2021

2.0 Purpose

To obtain contractor support in the area of Underwater Archeology for the Naval History and Heritage Command (NHHC). The government estimates two (2) full time equivalents (FTEs) for this contract.

3.0 Scope.

3.1 Tasks

The contractors shall assist Underwater Archaeology Branch staff in the management of, and archaeological research pertaining to, U.S. Navy sunken and terrestrial military craft. The main duties will include providing expertise in all aspects of archaeological research and cultural resource management. All work shall be conducted following the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716). Additionally, the contractor shall perform the following services:

· Prepare for, participate in, process data from, and report on archaeological fieldwork and research. Serve as principal investigator on archaeological projects at the senior archaeologist level.

· Undertake archival and historical research and written analysis for archaeological reports, leadership briefs, presentations, to answer official and public inquiries, and for the formation of historic preservation policies. Prepare policy and site management proposals based on such research at the senior archaeologist level.

· Edit, compile, draft, format, and prepare for publication technical reports and other written or Geographic Information System products pertaining to the research and management of U.S. Navy sunken and terrestrial military craft for a variety of audiences. Ensure 508 compliance for web-based products.

· Conduct laboratory analysis, documentation, and assist with the curation of artifacts.

· Review, revise, and create management plans for U.S. Navy sunken and terrestrial military craft.

· Assist the Underwater Archeology Branch in implementing requirements under the Sunken Military Craft Act and regulations 32 CFR 767; review archaeological permit applications submitted to NHHC by third parties.

· Interface with the public via educational and outreach initiatives, Navy events, professional and academic meetings, facilitate visits, and prepare outreach materials for a variety of mediums.

· Support the implementation of National Historic Preservation Act (NHPA) Section 106 on behalf of cultural resources managed by the Underwater Archaeology Branch and review nominations for the National Register.

· Draft and review memoranda of understanding and other agreements pertaining to activities directed at sunken and terrestrial military craft under jurisdiction of the Navy.

· Participate as a subject matter expert on the management and archaeological research of U.S. Navy sunken and terrestrial military craft in meetings and coordinate with external partners and stakeholders, as well as internal staff, volunteers, and interns.

· Assist Branch staff with administrative processes pertaining to permitting, official correspondence, certain steps of the Government Purchase Card program (as allowed by regulation), etc.

· Provide biweekly status/progress reports addressing problem areas, concerns, recommendations, health and safety, and actions needed from the government.

· Edit and prepare for publication the second volume of the H.L. Hunley Report.

· Assist with other related duties as assigned.

Minimum Qualifications:

Senior Underwater Archaeologist contractor personnel shall have:

· Knowledge of the ethics and principles of the fields of archaeology, with a focus in underwater archaeology; training and at least two years varied experience in the application of standard practices, techniques and methods of archaeology; and familiarity with related fields of research.

· Experience participating in terrestrial and marine remote sensing surveys and a general understanding of various data sets collected through such surveys. Experience with post processing of raw remote-sensing data generated from shipwreck and aircraft surveys.

· Knowledge of cultural resource laws and practices in the United States and internationally, preferably with a focus on submerged cultural resources; and the application of the laws, policy, and practices to cultural resource management.

· Knowledge in and experience with U.S. Naval history and research of U.S. Navy ships, aircraft, spacecraft, and maritime artifacts.

· Knowledge in and experience with Geographic Information Systems (GIS) to manage site data, conduct research, and produce products for the management and analysis of cultural resources.

· Education in or experience with federal programs that develop and ensure compliance with laws and regulations pertaining to archaeological or cultural resources permitting, management, and historic preservation as applied to submerged cultural resources.

· A graduate degree in archaeology, anthropology, or a closely related field, with a specialization in nautical or maritime archaeology.

· At least three years of full-time professional experience or equivalent specialized training in underwater archaeological research, administration, or management.

· At least six months of supervised field and analytic experience in underwater archaeology investigations, remote sensing surveys and analysis, excavation, and documentation.

· Experience applying writing and editing skills, preferably technical writing/editing, and substantial knowledge of the basic principles and specialized vocabulary of archaeology, to the accurate communication of scientific and technological documents to expert and other interested audiences. Can provide examples of completed published works/reports related to the field of archaeology or specific archaeological wreck sites.

· Demonstrated ability as a principal investigator carry research to completion and conduct operations pursuant to professional standards and requirements for archaeological fieldwork.

· Ability to apply principles, methods, and knowledge of remote sensing and archaeological data collection to conduct submerged cultural resource research.

Underwater Archaeologist contractor personnel shall have:

· Knowledge of the ethics and principles of the fields of archaeology, with a focus in underwater archaeology; training and at least one year varied experience in the application of standard practices, techniques and methods of archaeology; and familiarity with related fields of research.

· Experience participating in terrestrial and marine remote sensing surveys and a general understanding of various data sets collected through such surveys. Experience with post processing of raw remote-sensing data generated from shipwreck and aircraft surveys.

· Knowledge of cultural resource laws and practices in the United States and internationally, preferably with a focus on submerged cultural resources; and the application of the laws, policy, and practices to cultural resource management.

· Knowledge in and experience with U.S. Naval history and research of U.S. Navy ships, aircraft, spacecraft, and maritime artifacts; especially naval aircraft.

· Knowledge in and experience with Geographic Information Systems (GIS) to manage site data, conduct research, and produce products for the management and analysis of cultural resources.

· Education in or experience with federal programs that develop and ensure compliance with laws and regulations pertaining to archaeological or cultural resources permitting, management, and historic preservation as applied to submerged cultural resources.

· A graduate degree in archaeology, anthropology, or a closely related field.

· At least one year of full-time professional experience or equivalent specialized training in underwater archaeological research, administration, or management; particularly with an expertise in naval aircraft.

· At least four months of supervised field and analytic experience in underwater archaeology investigations, remote sensing surveys and analysis, excavation, and documentation.

· Experience applying writing and/or editing skills, preferably technical writing/editing, and substantial knowledge of the basic principles and specialized vocabulary of archaeology, to the accurate communication of scientific and technological documents to expert and other interested audiences.

· Demonstrated ability to conduct operations pursuant to professional standards and requirements for archaeological fieldwork.

· Ability to apply principles, methods, and knowledge of remote sensing and archaeological data collection to conduct submerged cultural resource research.

· Experience directing or overseeing an internship program for undergraduate and graduate level students.

4.0 Travel

No travel required.

4.1 Place(s) of Performance

The primary place of performance is the Washington Navy Yard, Washington DC.

5.0 Security Requirements

Work under this task order is UNCLASSIFIED.

All contractor personnel shall be U.S. citizens. The contractor shall ensure that all personnel requiring access to any DoD information system meet the minimum criteria specified in DoD 5200.2-R, DoD Personnel Security Program. All contractor personnel requiring access to the Government workspaces will complete a National Agency Check with Local Agency Check and Credit Check (NACLC). Contractor personnel should be aware at all times of any unusual persons or packages in their work area and immediately report those to the building security staff. If contractor personnel become aware of any person seeking unauthorized access to Controlled Unclassified Information materials, they should immediately report this to the Security Officer. Contractor personnel will be in compliance with the Navy Information Assurance Security Publication IA Pub 5239-26 of May 2000.

The Contractor shall escort visitors through NHHC facilities. All requests by the Contractor for non-duty access (outside normal work hours) shall be coordinated through the Government’s designated personnel.

The Contractor shall comply with restricted areas regulations, rules, instructions, directives, procedures, mandates and other requirements. Certain NHHC designated office spaces are “off-limits” or restricted. Contractor personnel shall not enter any “off-limits” or restricted spaces within NHHC designated office areas without specific permission.

All contractor personnel performing under this PWS, or any representative of the Contractor entering NHHC designated office space shall abide by all security regulations, rules, instructions, directives, procedures, mandates and other requirements of Chief Naval Office and NHHC. The Contractor shall coordinate with the designated NHHC representative for Government-furnished building passes and Common Access cards (CAC).

The Contractor will be entrusted with building passes, badges and/or the use of access devices for facility access. The Contractor shall prohibit the use of Government-issued building passes, badges and/or access devices throughout the facility by any person other than authorized Contractor personnel. The Contractor shall not permit entrance to locked areas by any person other than Contractor personnel assigned to the activity where the Contractor is performing work, without written authorization by the Government’s designated security personnel. Building passes, badges and/or access devices shall only be issued by government personnel to Contractor personnel performing services under this PWS. The Contractor shall report to the Government’s designated security personnel immediately any occurrences of lost passes, badges and/or access devices.

6.0 Payment

Payment will be made by iRAPT/WAWF

7.0 Points of Contact

7.1 Technical POC

Thea Cooke Contract Specialist, Comptroller 202-433-2222

7.2 Contracting Officer

Gil Dobison Contracting Officer 757-443-1380

7.3 Contract Administrator

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 access to 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.

ADDENDUM TO FAR 52.212-1

The Government intends to solicit and award on 100% Small Business Set-Aside. Therefore, the vendor’s initial quote shall contain the vendor's best terms from a price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

1) At the time of solicitation closing date, the quoter shall submit their quote via electronic submittal to gilbert.dobison@navy.mil. Only electronic submissions shall be accepted.

2) Price quotes will be due on the closing date of subject RFQ and must be held firm for sixty (60) days.

3) Submission of Quotation in addition to FAR 52.212-1, Instructions to Quoters - Commercial Items, the following information is provided. Quotes must include the completed solicitation documents as follows:

· A complete and signed Standard Form 1449, Solicitation/Contract/Order for Commercial Items, and executed copy of Amendments, if applicable, completed by the quoter.

· RFQ Section - Schedule of Supplies/Services - completed by the quoter.

· All supplemental information to support proposed price, to include but not limited to copies of previously paid invoices, sales history for the same or similar items, price list with effective date and / or copies of catalog pages along with any applicable discounts.

· Unless completed in SAM, RFQ Section, Representations, Certifications and Other Statements of Vendors, completed by the vendor completed by the offeror in accordance with FAR 52.204-8 and DFARS 252.204-7007 Alt. A.

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
5
Months

Senior Underwater Archaeologist

FFP

Support Sevices in accordance with the Performance Work Statement (PWS).

FOB: Destination

MILSTRIP: N6315121RC009BQ

PURCHASE REQUEST NUMBER: N6315121RC009BQ

SIGNAL CODE: J

PSC CD: R499

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
5
Months

Underwater Archaeologist

FFP

Support Services in accordance with the Performance Work Statement (PWS).

FOB: Destination

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
N/A
N/A
N/A
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 19-JUL-2021 TO

18-DEC-2021

N/A
NATIONAL MUSEUM OF AMERICAN SAILOR

T. COOKE

805 KIDDER BREEZE ST SE BLD 57

WASHINGTON DC 20374

202-433-2222

N0437A

0002
POP 19-JUL-2021 TO

18-DEC-2021

N/A
(SAME AS PREVIOUS LOCATION)

N0437A

CLAUSES INCORPORATED BY REFERENCE

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
AUG 2020
52.204-18
Commercial and Government Entity Code Maintenance
AUG 2020
52.204-22
Alternative Line Item Proposal
JAN 2017
52.212-1
Instructions to Offerors--Commercial Items
JUN 2020
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.222-41
Service Contract Labor Standards
AUG 2018
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
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
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
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
252.232-7017
Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration
APR 2020
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.244-7000
Subcontracts for Commercial Items
JAN 2021
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 (OCT 2020)

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 Items. 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)

52.212-2 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:

The Government intends to award a firm-fixed priced contract to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

The Government intends to award the contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each quoter should submit its most favorable terms from a price and technical standpoint. However, the Government reserves the right to establish a competitive range and conduct discussions if later determined by the Procuring Contracting Officer to be necessary.

In order to be considered Acceptable, quoters must receive an acceptable rating for Factor I in its entirety.

Unacceptable technical rating will not be further evaluated and will not be considered for award.

Factor 1 – Technical

Key Personnel

The quoter shall provide the following:

· Resumes for individuals intended to fill the following positions below must meet personnel qualifications (expertise, education, experience, and security clearance) in accordance with the PWS. Letters of intent shall accompany any resume submitted for an individual who is not currently employed by the prime quoter or an intended subcontractor.

Labor Category

Required Number of Resumes

Senior Underwater Archeologist

Underwater Archeologist

Rating Description

Acceptable
Quote meets the requirments of the solicitation
Unacceptable
Quote does not meets the requirment of the solicitation

The rating table above will be used to determine the technical capability of the quoter.

Factor II – Price

The quoters quoted price will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-3(a). The evaluation may include, but is not limited to the following:

(A) Price comparison with other quoters;

(B) Comparison with independent cost estimates

By submitting a quote, the quoter affirms that they are capable of performing and completing the work described in the Solicitation

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

The Government intends to award a firm-fixed priced contract to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

The Government intends to award the contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each quoter should submit its most favorable terms from a price and technical standpoint. However, the Government reserves the right to establish a competitive range and conduct discussions if later determined by the Procuring Contracting Officer to be necessary.

Please refer to Beta.SAM.gov for additional solictation information.

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

(c) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(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.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

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