N0018922Q0174 AMENDMENT 2.pdf

SEE ADDENDUM

(No Collect Calls)

N0018922Q0174 20-May-2022

b. TELEPHONE NUMBER

757-443-1336

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 13 Jun 2022

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

IDA L. ELEY

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

N4658122RC00GAD

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: I ELEY

1968 GILBERT STREET STE 600

NORFOLK VA 23511

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 N46581 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COMMANDER NAVAL SURFACE FORCES

CARRIE GILMORE

1751 MORRIS ST.

NORFOLK VA 23511-2808

TEL: (757) 445-5710 FAX:

757-443-1333FAX:

TEL: 757-443-3115 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

483212

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 OF74

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.

N0018922Q0174

Section SF 1449 - CONTINUATION SHEET

PEFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

WATER TAXI SERVICES

1.0 INTRODUCTION

This requirement is to provide water taxi service for Commander, Naval Surface Force Atlantic (CNSL) assist teams, Afloat Training Group (ATG) visits, Engineering Assessments Atlantic (EAA) and other personnel to train and support all Navy afloat units operating in the Virginia Capes region, year round. Personnel will be transported to and from the vicinity of the Rudee Inlet Fishing Center and Lynnhaven Inlet via water taxi.

2.0 BACKGROUND

Several training and certification events have been cancelled or postponed due to the inability of assessors to reach particular vessels during inclement weather. These schedule changes have a ripple effect on the overall ship’s certification and training/deployment cycle. Navy RHIBs are small and more susceptible to weather conditions than a large, covered water taxi. Transporting personnel via military aircraft is much more costly, difficult to schedule and further constrained by inclement weather.

3.0 WORK REQUIREMENTS

3.1 The Contractor shall provide water taxis to transfer ship personnel to and from Rudee Inlet fishing Pier and Lynnhaven Inlet for 25 personnel with the availability to surge up to 50 personnel with baggage (1 sea bag per person). At the commencement of service, the Contractor is required to advise the ship of scheduled breaks and any changes to the taxi service schedule.

3.2 Water taxi service shall include a minimum of two (2) qualified operators (a driver and one other operator).

Operator qualifications are set forth in Paragraph 4.7 below.

3.3 Service begins when the first water taxi is alongside the designated pick-up point and ends when the last passenger disembarks from the water taxi at the designated drop-off point as ordered by the ship. However, when required to arrive early for inspection as a force protection measure, service begins at time of inspection. Request will be made NLT 48 hours of required transfer date. There are no restrictions on the hours of the day that trips can be made. If a ship requires both inbound and outbound transfers, they will be conducted in succession if possible and be charged as one trip.

3.4 If the Contractor cannot provide the size of water taxi ordered, the Contractor shall provide a larger size water taxi, or a combination of water taxis, that in total capacity equates to the size of the water taxi ordered. In any event the ship will be charged for the size of the water taxi ordered.

3.5 Except as otherwise specified herein, the service shall include all equipment needed to transport personnel between the Rudee Inlet fishing Pier, Lynnhaven Inlet and vessels anchored in the outer harbor, or in the inner harbor. If it becomes necessary to change the landing point of the water taxi within the port, the Contractor shall dock at the new landing point. In the event this occurs, it will be considered to be a “Change” to the contract. Any entitlement to and any amounts of additional or reduced charges shall be determined pursuant to the clause entitled “Contract Terms and Conditions-Commercial Items (FAR 52.212-4)”.

4.0 WATER TAXI REQUIREMENTS

4.1 Water Taxi must adhere to the requirements of “Navigation and Vessel Inspection Circular Subj: Guidance On The Passenger Vessel Safety Act Of 1993.” The Contractor shall ensure that the water taxi is in sound mechanical condition and meets all maintenance, safety, and other periodical inspections as required by the United States Coast Guard regulations and local laws to preclude breakdown and injury. Apart from compliance with local laws and regulations, the Contractor shall meet all additional requirements as set forth throughout. Water taxis shall be watertight, staunch, strong, seaworthy, in sound mechanical condition, and fitted for service required. All water taxis used by the Contractor shall provide full protection from the weather elements, be enclosed, and be heated or air conditioned dependent upon the weather. Further, water taxis shall be in a clean condition when presented for service and shall be free of debris. The water taxi shall be sufficiently clean so as not to soil passengers, their clothing, or possessions with dirt, grease, oil, or other matter. If the water taxi does not meet the requirements of this paragraph as determined by the Government Service Representative (uniform or civilian), the U.S. Government shall have the right to reject the water taxi for performance of services.

4.2 Each water taxi shall be equipped with at least one clean and serviceable life jacket for each passenger and crewmember, and all jackets shall be stowed in a readily accessible place. Each water taxi shall provide emergency lighting, both permanent and hand held, shall be available and in working order at all times.

4.3 Water Taxi will provide all equipment that is unique to their vessel in order for passengers to safely board U.S.

Navy Cruisers (CG), Destroyers (DDG), Landing Ship Dock (LSD), Landing Platform/Dock (LPD), Littoral Combat Ship (LCS) and Multi-Purpose Amphibious Assault Ships (LHD). Requesting unit will ensure all shipboard required boarding equipment is safe and ready to use, and will be properly configured to come alongside a US Navy vessel without damaging the ship or taxi.

4.4 The following information shall be clearly posted in English.

a. Current operator’s/captain’s license.

b. Passenger/weight capacity limits notice.

c. Location of life jackets and other lifesaving equipment.

d. Location of all exits indicated in large letters.

e. Emergency procedures.

4.5 ‘Adverse weather’ conditions are weather conditions in which operations of water taxis are unsafe for passengers and shall be determined by the Commanding Officer, Command Duty Officer, Operations Officer, or the Officer of the Deck. Operation of the water taxi shall be in a safe and seaworthy manner. Personnel water taxi transfers will be able to operate in sea state up to and including 5. Water taxi personnel transfers are restricted in a sea state above 5.

4.6 The consumption of alcoholic beverages shall not be permitted aboard the water taxis.

4.7 Operator qualifications: The Master Operator shall have a minimum of 2 years’ experience boarding vessels.

The contractor shall provide any other helpers or crew members required by local authorities, all insurance, fuel, holiday surcharges, overtime, and other operating expenses. All personnel or employees of the Contractor operating water taxis shall have all certifications required and issued by the law of the country in which the port is located for the operation of the type, class, or size of water taxi being operated by such personnel. In addition, all such personnel shall have requisite experience, skill, knowledge, and familiarity with the water area in which the water taxis are to be operated to ensure the water taxis are operated in a safe and seaworthy manner.

4.8 Security: During the term of this contract, the ship(s) to be serviced will provide adequate and sufficient security personnel for maintaining the orderly transportation of its personnel and such civilians who may be transported.

Such naval personnel will be assigned at the discretion of the ship’s Commanding Officer or designated representative. When such naval personnel are embarked in a Contractor-operated water taxi, he will be responsible for the good order and discipline of naval personnel.

4.9 In the event of a water taxi breakdown, immediately prior to, or during a trip, the Contractor shall immediately provide a replacement water taxi that complies in all respects with this contract, at no additional cost to the U.S.

Government. If a water taxi is not operable when required under this contract, the Contractor shall immediately provide at no additional expense to the U.S. Government, a replacement water taxi which complies in all respects with this contract.

4.10 Any personal articles or items found on the water taxi after completion of each trip shall be turned over to the ship’s Security Officer, his direct representative, and/or the COR.

4.11 To verify a claim by the Contractor for any damage or destruction caused by the U.S. Government, it shall be the responsibility of the Contractor to ensure that the water taxi is jointly inspected before and after each trip by the Contractor and an authorized senior government representative (uniform or civilian).

4.12 Inspection and acceptance criteria for water taxi services: Contractor shall make the water taxi available to the ship’s Commanding Officer or designated representative for inspection as required. The Commanding Officer or his designated representative of the ship shall inspect and accept all water taxis prior to transporting any personnel.

Each order for water taxi services is made on the basis that the request is to be considered a final order/obligation of the US Government only after each water taxi has been inspected and accepted by the ship’s representative. The ship’s Commanding Officer is solely responsible for the safety of his crew and the subsequent acceptance of water taxi services. Upon ships, Commanding Officer’s security personnel can inspect the water taxi’s personnel. If the Contractor has a claim of damage or destruction caused by the U.S. Government, the contractor shall request a joint inspection with the ship’s Commanding Officer or designated representative to assess claims for review which shall be submitted to the Contracting Officer. The following features or components may be inspected prior to acceptance:

a. HULL

i. Watertight integrity of weather decks, bulkheads, watertight closures and interior hull structure.

ii. Superstructure (including masts and stacks).

iii. Railings, bulwarks and their attachment to hull, especially guardrails and lifelines.

iv. Provisions for drainage of seawater from exposed decks.

b. MACHINERY

i. Main propulsion and auxiliary machinery essential to operation of craft.

ii. Sea and bulkhead closure valves.

iii. Bilge suction strainers and dewatering systems bilge pumps to be tested by operation.

iv. Bilges free of flammable liquids.

c. ELECTRICAL

i. Cables.

ii. Navigation, deck and emergency lighting.

iii. Rotating electrical machinery, e.g., generators and motors.

iv. Storage batteries.

d. LIFESAVING EQUIPMENT

i. Life preservers sufficient number for maximum capacity of craft, accessible and in satisfactory condition.

ii. Life raft(s) and hydrostatic release (where applicable) sufficient for maximum capacity.

iii. First aid kits, life rings and distress lights.

iv. Distress signaling devices.

e. FIRE FIGHTING EQUIPMENT

i. Fire pump subject fire hose to fire pump pressure.

ii. Portable fire extinguishers.

iii. Fixed systems, e.g., CO2 cylinders

f. STEERING APPARATUS

g. MISC SYSTEMS AND EQUIPMENT

i. Harbor charts.

ii. Ground tackle and mooring lines.

iii. Whistle/fog horn, bell.

iv. Compass.

v. Radar.

vi. 2 way radio capable of bridge to bridge communications.

vii. Current licenses.

4.13 In the event the U.S. Government rejects a water taxi, the U.S. Government shall not be liable for any costs the Contractor incurs in presenting said water taxi for inspection.

4.14 The Contractor shall obtain written acknowledgement of water taxi service by an authorized ship representative. Logs shall be used to document arrival and departure times. Logs must be available upon request for U.S. Government review and inspection.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 Each

WATER TAXI SERVICE

FFP

FOB: Destination

MILSTRIP: N4658122RC00GAD

PURCHASE REQUEST NUMBER: N4658122RC00GAD

PSC CD: V224

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each

FAR 52.217-8 OPTION TO EXTEND SERVICES

FFP

FOB: Destination

MILSTRIP: N4658122RC00GAD

PURCHASE REQUEST NUMBER: N4658122RC00GAD

PSC CD: V224

MAX

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 POP 21-JUN-2022 TO

20-JUN-2027

N/A COMMANDER NAVAL SURFACE FORCES

CARRIE GILMORE

1751 MORRIS ST.

NORFOLK VA 23511-2808

(757) 445-5710 FOB: Destination

N46581

0002 POP 21-JUN-2027 TO

20-DEC-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination N46581

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 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 Products and

Commercial Services

DEC 2021

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

DEC 2021

52.217-5 Evaluation Of Options JUL 1990 52.219-9 Small Business Subcontracting Plan DEC 2021 52.222-41 Service Contract Labor Standards AUG 2018 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 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

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

JAN 2021

252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 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

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 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 (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

(a) The Government 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 Price Indefinite Delivery/Indefinite Quantity (IDIQ) contract as a result of this solicitation in accordance with FAR 16.5. Award will be made to that Offeror whose proposal represents the best value after evaluation in accordance with the factors set forth in the solicitation. The Government intends to evaluate proposals and award a task order based on initial proposals. Each offeror’s proposal shall be in the form prescribed by, and shall contain a response to, each of the areas identified in the Section L solicitation provision entitled “Instructions to Offerors.” This source selection will be conducted in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiation, FAR Subpart 16.5, Indefinite Delivery Contracts. These regulations are available electronically at https://www.acquisition.gov/content/regulations. The Government reserves the right to award a Firm Fixed Price IDIQ contract to other than the lowest priced Offeror; award a firm fixed priced IDIQ contract without exchanges; or award a firm fixed priced IDIQ contract after exchanges, whichever is in the best interest of the Government.

The Government intends to award a Firm Fixed Priced (FFP) IDIQ contract to the responsible Offeror whose proposal represents the best value after evaluation in accordance with the factors in the solicitation by utilizing the Tradeoff Source Selection process. The Offeror’s proposal shall be in the form prescribed by, and shall contain a response to each of the areas identified in Section L of the solicitation.

The selection of an Offeror for award will be conducted in one (1) phase. Phase I will consist of the evaluation of Factor I – Technical Approach, Factor II – Past Performance and Factor III – Price Proposal.

Offerors receiving a rating of “Unacceptable” for Factor I are considered un-awardable and will not be further evaluated.

The evaluation of proposals will consider the Offeror’s non-price proposal to be significantly more important than the Offeror’s price proposal. Within the non-price factors, Factor I - Technical Approach will be considered more important than Factor II - Past Performance.

Initially, proposals shall be ranked according to price, inclusive of all option pricing. An Offeror’s proposed pricing will be determined by adding all extended amounts for the CLINs in RFP Section B.

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

If no proposals are evaluated with a Factor I –Technical Approach rated as ‘Outstanding’, AND a ‘Substantial Confidence’ Past Performance Confidence Assessment rating, the Contracting Officer shall make an integrated assessment best-value award decision from among the awardable Offerors.

Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based. The importance of price will also increase when a proposal's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the proposal. If, at any stage of the evaluation, all Offerors are determined to have submitted equal, or virtually equal, non-price proposals, price could become the factor in determining which Offerors shall receive the award.

The Government intends to award the contract without exchanges. Accordingly, each Offeror should submit its most favorable terms from a price and non-price standpoint. However, the Government reserves the right to establish a competitive range and conduct exchanges if later determined by the PCO to be necessary. All proposals will be reviewed for timeliness. If the proposal is received after the closing date and does not meet the criteria for “late proposals” in the solicitation, the proposal will not be opened. Timely proposals will be reviewed for compliance to the solicitation. If the proposal is not compliant to the solicitation, it will not be evaluated and the Offeror will be notified that the proposal is non-responsive.

Evaluation of Factor I: Technical Approach The Offeror’s overall approach will be evaluated on its feasibility, its comprehensiveness, and the degree to which the Offeror demonstrates how the requirements will be successfully accomplished. Specifically, offers will be evaluated on how well it demonstrated an understanding of and capability to meet the requirements stated in the PWS.

The purpose of the technical factor is to assess the Offeror’s proposed approach to satisfy the Government’s requirements. The evaluation of risk is related to the assessment of the Offeror’s proposed technical approach. Risk assesses the degree to which an Offeror’s proposed technical approach to the requirements of the solicitation may cause disruption of schedule, degradation of performance, the need for increased Government oversight, or the likelihood of unsuccessful task order performance.

The combined technical/risk rating will be utilized in the evaluation of the non-price proposal.

The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, significant weaknesses, and deficiencies in determining technical ratings.

Combined technical/risk evaluations will utilize the combined technical/risk ratings listed in the Technical Ratings Table below.

Combined Technical/Risk Ratings Table

Adjectival Rating

Description

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

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

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

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

Note: An Offeror that receives a “Marginal” rating for the technical factor is not eligible for award if award is made on initial proposals. Offerors that receive a “Marginal” rating are considered susceptible to correction if the contracting officer determines that an exchange (pursuant to FAR 15.306) is appropriate and said exchange is conducted. An Offeror that receives a rating of “Unacceptable” in the technical factor is not awardable and will not be further evaluated.

Risk Description Table

Type of Risk

Description

Low

Proposal may contain weakness(es) which have 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

Proposal contains a significant weakness or combination of weaknesses which may 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

Proposal contains a significant weakness or combination of weaknesses which 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.

Unacceptable Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level.

Definitions:

Strength - An aspect of an Offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness - A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness - A flaw that appreciably increases the risk of unsuccessful contract performance.

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

Risk – (as it pertains to source selection) the potential for unsuccessful contract performance.

The consideration of risk assesses the degree to which an Offeror’s proposed approach to achieving the Non-Price technical factor may involve risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful task order performance.

Factor II: Past Performance

The past performance evaluation factor assesses the degree of confidence the Government has in an Offeror’s ability to meet the task order’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 Offeror.

Factor II will be evaluated based on recency, relevancy and quality. The Government will evaluate each Offeror’s recency, relevancy, and quality of the present and past performance to assess whether there is a reasonable expectation that a Offeror will successfully perform the requirement. For purposes of this evaluation, the “Offeror” includes any joint ventures, subcontractors and/or teaming partners proposed as part of the Prime Contractor’s team under this effort. The Government will evaluate the Offeror’s demonstrated record of contract compliance in supplying products and services that meet user’s needs, including quality, cost and schedule. The evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last five (5) years as of the RFP closing date, will not be considered. In addition, performance data will only be assessed for those references demonstrating at least one (1) year of completed performance and have been performed within five (5) years of the solicitation closing date.

For the Past Performance Factor, the ratings tables entitled “Past Performance Relevancy Ratings Table” and “Past Performance Confidence Assessment Ratings Table,” respectively will be used for the assignment of ratings for relevancy and confidence assessment. Relevancy includes scope and magnitude. The Offeror’s past performance information will be evaluated to determine the quality and usefulness as it applies to performance confidence assessment.

Past Performance Recency

First, the Government will evaluate each past performance reference to determine the 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 the requirements stated above.

Performance outside of this stated period will not be considered for evaluation purposes.

Past Performance Relevancy

Regarding relevancy, the Government will assess each recent past performance reference under each Offeror’s Past Performance submission to determine its scope and magnitude relative to the instant requirement. The following definitions will apply to this evaluation:

● Scope: Experience in the areas described in the PWS.

● Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the Offeror’s Past Performance submissions and the Independent Government Estimate (IGE) for the scope of work detailed in the PWS. Magnitude will be evaluated on the dollar amount of work actually performed under the contract or contracts during the relevant period established by the solicitation.

The relevancy rating assigned to each past performance reference will be considered in determining the weight to be given to that reference in the overall Past Performance Confidence Assessment. 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 aggregate of each offeror’s past performance references in terms of scope and magnitude will result in the assessed overall relevance of that offeror’s past performance.

Offeror’s lacking relevant past performance history in the aggregate will not be evaluated favorably or unfavorably on past performance. However, the proposal of a Offeror with no relevant aggregated past performance history, while not be rated favorably or unfavorably for past performance, may not represent the most advantageous proposal to the Government. In this instance, the Offeror will receive a rating of “Neutral Confidence” in the past performance factor. 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.

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

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 Offeror’s past performance. The Government will review all past performance information collected and determine the quality of the Offeror’s performance, including general trends and usefulness of the information, and will incorporate this into the performance confidence assessment.

In order to determine the quality of performance, the Government may utilize existing data sources, including the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases; communication with points of contact in the Offeror’s customer’s organization, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Defense Contract Management Agency (DCMA) personnel, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel. The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This information will be used for the evaluation of past performance.

Past Performance Confidence Assessment

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 recency 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 Offeror’s past performance will be used as a means of evaluating the relative capability of the Offeror 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.