N0018923R0042_Amendment 0001.docx

N0018923R0042

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

252.225-7059 252.225-7059 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION - REPRESENTATION (JUN 2023)

(a) Definitions. “Forced labor” and “XUAR”, as used in this provision, have the meaning given in the 252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region, clause of this solicitation.

(b) Prohibition. DoD may not knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of any forced labor programs, as specified in paragraph (b) of the 252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region, clause of this solicitation.

(c) Representation. By submission of its offer, the Offeror represents that it has made a good faith effort to determine that forced labor from XUAR will not be used in the performance of a contract resulting from this solicitation.

(End of provision)

252.225-7060 252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION (JUN 2023)

(a) Definitions. As used in this clause— “Forced labor” means any work or service that is exacted from any person under the menace of any penalty for its nonperformance and that the worker does not offer to perform (10 U.S.C. 2496).

“XUAR” means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China (10 U.S.C. 2496).

(b) Prohibition. In accordance with 10 U.S.C. 4661, none of the funds appropriated or otherwise made available for DoD may be used to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR.The Contractor shall make a good faith effort to determine that forced labor from XUAR will not be used in the performance of this contract (section 855, Pub. L. 117-263).

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), without alteration other than to identify the appropriate parties, in subcontracts including subcontracts for commercial products, commercial services, and commercially available off-the-shelf items.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

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

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

XX (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

XX (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (11) [Reserved]

____ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (14) [Reserved]

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

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

____ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (18)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

____ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

XX (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

____ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XX (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

XX (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (33)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

XX (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (38)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (41)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (42)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

____ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

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

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

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

____ (51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

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

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiv) XX (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

The following have been modified:

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 ENTITLED “INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS”

The Government will award a commercial Firm-Fixed-Price (FFP) contract with economic-price adjustment (EPA) provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12, Acquisition of Commercial Products and Commercial Services, FAR Part 15, Contracting by Negotiation and FAR Subpart 16.5, Indefinite Delivery Requirement (IDR). Award will be made to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government under the selection criteria set forth in the solicitation by utilizing the Lowest Price Technically Acceptable (LPTA) Source Selection process. The proposal shall be in the form prescribed by, and shall contain a response to each of the areas identified in the Addendum to FAR 52.212-1, Instructions to Offerors, of the solicitation. Therefore, the initial proposal should contain the offeror’s best terms from Technical, Subcontracting Approach and Price.

INSTRUCTIONS FOR SUBMISSIONS OF PROPOSALS:

I. GENERAL

1) Offerors shall respond to all requirements of the solicitation document. Offerors are cautioned not to alter the solicitation. Hand-carried proposals are not authorized and will not be accepted. Each page of each copy shall be affixed with the following legend:

Source Selection Information - See FAR 2.101 and 3.104

2) In the event any person who is not a bona fide employee of the offeror participated in the creation, formulation or writing of any portion of the proposal, a certificate to this effect shall be included in the proposal which shall be signed by an officer of the offeror. Such certificates shall identify the name of the person who is not a bona fide employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the offeror, and the portion of the proposal in which the person participated.

3) QUESTIONS: In order to ensure that all questions submitted by potential offerors are answered prior to the solicitation closing date, questions concerning the solicitation should be submitted via email to the to the Contract Specialist, Gil Dobison at gilbert.k.dobison.civ@us.navy.mil, and the Contracting Officer, Antonio Smith, at antonio.o.smith2.civ@us.navy.mil NO LATER THAN 12:00 PM, Eastern Standard Time (EST), on 16 June 2023. The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. Accordingly, offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government as early as possible.

4) Proposals shall be submitted via email to Gil Dobison at gilbert.k.dobison.civ@us.navy.mil and Antonio Smith, at antonio.o.smith2.civ@us.navy.mil on or before the closing date and time cited elsewhere in this solicitation. Offerors shall comply with the detailed instructions for the format and content of the proposal contained in the solicitation; proposals that do not comply may be considered unacceptable and may render the proposal ineligible for award.

II. REQUIREMENTS FOR PROPOSAL FORMAT:

(1) Introduction and Purpose: This section specifies the format that offerors shall use in this Request for Proposal (RFP). The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

(2) Each volume should contain the following items in addition to the other information required by this solicitation:

Cover: The cover should indicate the following:

· Title of the Proposal

· Volume Number (I, or II)

· Proposal Category (Factor)

· Request for Proposal (RFP) Number

· Name and Address of offeror, Point of Contact Information (Name, Phone Number, Email Address), Cage Code, Unique Entity ID (UEI) and applicable Tax I.D. Number (TIN)

· Proposal validity period for 180 days from solicitation closing

(3) Requirements for Style: Each offeror shall submit a proposal that clearly and concisely describes and defines the contractor’s response to the requirements contained in the RFP. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective proposal are not desired.

(4) Proposal Page Limitations:

Volume I: Factor 1 –Technical Submission

Volume II: Factor 2 – Price

These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the proposal may use an alternative font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½" x 11", with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font). Lines shall, at a minimum, be single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The offeror is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, compliance matrix, table of contents, tabs, and dividers. Pages submitted in excess of the page limitations described within will not be evaluated.

Volume II, Price Proposal, is not page limited; however, the Price Proposal is to be strictly limited to price information and completed solicitation documents, as described in the Section III Proposal Content below.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the proposal.

III. PROPOSAL CONTENT

Volume I – Non-Price Proposal

Factor 1: Technical Submission

Offerors shall provide a technical submission that demonstrates a complete understanding of and the capability to provide ALL supplies detailed in the PWS.

The offeror shall provide signed proof/verification that they have the required certification from the manufacturer to resell conforming brand name supplies as identified in the PWS. The proof/verification shall be in the form of any electronic documentation that proves Offerors ability to resell conforming required supplies. Additionally, the Offeror shall demonstrate that they have the appropriate resources and ability to ship conforming brand name items to all nine (9) zones identified in the PWS.

The proof/verification shall also include the following: company’s name, manufacturer logo, name and title of manufacture signee.

Small Business Subcontracting Plan (for other-than-small-businesses only)

Each offeror that is not a small business shall provide a Small Business Subcontracting Plan that contains all elements required by FAR clause 52.219-9 Alt II (Deviation), and as supplemented by DFARS clause 252.219-7003, by the closing date and time of this solicitation. The small business subcontracting plan is not an evaluation factor and will not be evaluated as part of the formal source selection process. The Small Business Subcontracting Plan must be determined to be acceptable by the contracting officer in order for the offeror to be eligible for contract award in accordance with FAR 19.702(a)(1). If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award. If the contracting officer accepts the Small Business Subcontracting Plan, it will become part of the contract. Offerors are permitted to submit a master subcontracting plan as long as it is created in accordance with FAR 19.701 and FAR 19.704(b). Small Business Subcontracting Plans are not required from offerors that qualify as small business concerns under NAICS code 339999 with a size standard of 550 employees. It is the goal of this solicitation that prime contractors subcontract with small businesses to the maximum extent practicable. For other-than-small prime contractors, the Small Business Subcontracting Plan goals shall be expressed in terms of whole dollars and percentages based on total planned subcontracting dollars. Of the total planned subcontracting dollars, the Small Business Subcontracting Plan shall include goals for small businesses, small disadvantaged businesses, woman-owned small businesses, HUBZone small businesses, veteran-owned small businesses, and service-disabled veteran-owned small businesses. The Government will consider prior achievement of small business subcontracting plan goals as well as the proposed dollar values and percentages related to this solicitation.

“Source Selection Information - See FAR 2.101 and 3.104.”

Volume II: Price Proposal

Factor 2: Price

This volume shall include completed solicitation documents and additional supporting documentation described below:

· A complete and signed SF1449 (Solicitation/Contract/Order for Commercial items) and executed copy of Amendments, if applicable, completed by the offeror;

· Separate pricing spreadsheet will be attached and the pricing information shall be submitted for each year of the supplies as well as a total for all five (5) years of the ordering period.

· All supplemental information to support the proposed price.

· A completed and signed Page 1 of the solicitation and a completed and signed Page 1 of any amendments.

· Unless completed in SAM, RFP, Representations, Certifications and Other Statements of Offerors completed by the offeror.

· All price and price supporting information shall be contained in the Price proposal. No price or pricing information shall be included in any other volume including cover letters. Offerors are responsible for submitting sufficient information to enable the Government to fully evaluate their price proposal.

· Any and all subcontractors shall be identified and priced in the submission. Subcontractors (regardless of dollar value) shall be adequately documented. Subcontractor price information may be submitted separately.

· Proposal shall be valid for 180 days from solicitation closing date.

The completion and submission of the above items will constitute a proposal and will indicate the offeror’s unconditional assent to the terms and conditions of this RFP and any attachments and/or exhibits hereto. All price and price supporting information shall be contained in the Price Proposal. No price or pricing information shall be included in any other volume, including cover letters. Offerors are responsible for submitting sufficient information to enable the Government to fully evaluate their price proposal.

Offerors responding to this solicitation are advised that, prior to award, the Government may request offerors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price lists with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted proposal.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

In consideration for the contractor providing the supplies and services set forth in the Performance Work Statement (PWS) provided below, Naval Supply Systems Command Fleet Logistics Center Norfolk (NAVSUP FLC Norfolk) will provide the site in which the contractor will operate as listed herein. The Government does not provide funding for the logistics services or any labor associated with the procurement, shipping, and distribution of the brand name commercial items.

The contractor further acknowledges that any and all risk of loss for any contractor-owned and/or leased materials, inventory, furnishings, fixtures, equipment, and supplies is the sole responsibility of the contractor.

1. SCOPE OF WORK: This requirement is to acquire brand name commercial items intended for resale as required by Navy Exchange Service Command (NEXCOM) Ships Store Program. The NEXCOM Ships Store Program is designed to provide the stores on Navy ships with the quality of life products for sailors at sea. Under the Ships Store Program, brand name commercial items are purchased by NEXCOM and placed in the Ships Store inventory for resale to the crew. The Government requires a contractor to furnish all supplies, parts, and equipment needed to acquire and ship the items. The items shall be supplied to the following zones:

1.1. SHIPPING: Items shall be shipped to address(es) per each individual delivery order. All transportation charges for the articles to be furnished shall be paid by the contractor. Offers submitted on a basis other than F.O.B. destination shall be rejected as nonresponsive.

1.2. BRAND NAME SPECIFIED MANDATORY: Parts or components described herein by reference to a manufacturer’s name and/or part number and nomenclature shall be furnished in strict accordance with the manufacturer’s published data relating to said supplies except to the extent otherwise specified in this contract. Complete interchangeability of parts with original equipment is mandatory. The contractor warrants that the items/parts to be delivered hereunder shall be the specific manufacturer’s name and/or part number(s) and the supplier specified.

1.3. Items within the catalog proposed and incorporated at the time of award are determined to be the scope of the contract. Catalog shall be updated and/or refreshed quarterly. Items in addition to those proposed in the contractor’s original catalog incorporated at the time of award may be added for sale provided that they are within the scope defined in the PWS. Any new items, with the exception of updated versions or models of existing items, must be reviewed by the Contracting Officer prior to being added to the contractor’s catalog. Any changes will be incorporated in accordance with the Changes clause of the contract. Only items found in the contractor’s incorporated catalog shall be offered for resale; sales of non-cataloged items are unauthorized.

1.4. The commercial price list/catalog incorporated as Attachment I into the contract provides the brand name, type and size of packaging, shall remain firm for the full ordering period of this contract. No product changes or substitutions will be permitted unless completed in accordance with PWS Section 1.3.

1.4.1. If, subsequent to award, Non-conforming products are shipped in disregard of this requirement, they will be returned at the Contractor's expense, except that if a product is urgently required or return is not practical, the Government may, solely at its discretion, elect to accept non-conforming products. Payment for any non-conforming products accepted shall not exceed the unit prices as stated in this contract, and acceptance thereof shall not constitute a waiver of the requirement to supply contract specified products.

1.4.2. If, subsequent to award, the Contractor intends to discontinue commercial production of a product required under this contract, the Contractor shall be expected to stock a sufficient inventory of the product to meet all contract requirements, including the estimated quantities stated in this section. Nothing in this paragraph is intended to restrict the Government's rights under FAR clause 52.212-4(a), Contracts Terms and Conditions--Commercial Items.

2. PRICING: The contractor shall provide supply items as specified in orders placed in accordance with the ordering provisions within this contract. The established fixed unit prices incorporated at the time of award shall be the basis for the future pricing. The term “established prices” means prices that are established manufacturer’s price list/catalog or market prices for commercial items sold in substantial quantities to the general public.

2.1. In order to ensure the NEXCOM Ships Store Program can meet customer demand for new items, in their submissions the Contractor may include a valid manufacturer’s price list/catalog and the “catalog” information requested above for items not listed in the Contractor’s current catalog pricing sheets incorporated by reference in this contract.

2.2. When a product’s unit price is increased or decreased, price changes to the contractor’s catalog will be addressed in accordance with FAR clause 52.216-2, Economic Price Adjustment—Standard Supplies and Section

2.3. The Contractor shall submit a Microsoft Office compatible (Excel) electronic “catalog” that includes data in the same format as their initial catalog pricing sheets incorporated by reference in the basic contract for proposed changes in unit prices no more than once a month. Any proposed price changes or product additions shall be highlighted in yellow to clearly identify the proposed changes and additions. Product deletions shall be highlighted in red to clearly identify anticipated products for removal.

2.4. The Contracting Officer’s Representative (COR) will determine if each item is appropriate for resale by the Ships Store Program under this contract and if the offered price is less than or equal to the item price shown in a valid manufacturer’s price list/catalog. If the price meets these criteria, the Contracting Officer will add each item and its associated unit prices to Contractor’s catalog pricing sheets incorporated by Attachment I via contract modification.

A product's unit price in effect on the contract award date shall be the "original contract unit price" for that product. Notwithstanding anything to the contrary herein, the aggregate of the increases in a product's unit price shall not exceed 10% of that product's original contract unit price. A product's unit price in effect as of the date of the beginning of a new ordering period each under this contract shall remain in effect during the duration of that ordering period, unless changed in accordance with Sections 2.2-2.4 of this PWS.

2.5 The Contractor shall provide the basis for the price increase or decrease in its written notification. The Contractor shall provide all documentation supporting the price change for each item, including, but not limited to, updated versions of the incorporated catalogs showing each items new price.

2.6 QUARTERLY REPORTS: Quarterly Usage Reports (Attachment II) shall be provided no later than 30 days after the end of each quarter. The due dates are as follows:

30 December 2023 30 March 2024 30 June 2024 30 September 2024 30 December 2024 30 March 2025 30 June 2025 30 September 2025 30 December 2025 30 March 2026 30 June 2026 30 September 2026 30 December 2026 30 March 2027 30 June 2027 30 September 2027 30 December 2027 30 March 2028

3. PROHIBITED PACKING MATERIALS: The use of asbestos or excelsior is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.

4. MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS)

(i) Marking shall be in accordance with ASTM-D-3951 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required.

(ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows:

1. National stock number (NSN), when available, or Federal stock number (FSN), when NSN is not available, or part number when neither NSN or FSN are available.

2. Noun nomenclature cited on contract or order.

3. Quantity and unit of issue.

4. Contract, or order number.

5. From:

6. To: (See delivery address on page 1 or in Section F)

(iii) Markings may be applied by any means which provide legibility.

(iv) Additional markings required are stated below.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government will award a commercial Firm-Fixed-Price (FFP) contract with economic-price adjustment (EPA) provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12, Acquisition of Commercial Products and Commercial Services, FAR Part 15, Contracting by Negotiation, and FAR Subpart 16.5, Indefinite-Delivery Contracts. Award will be made to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate proposals: Technical and Price. The Government will utilize a Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15 and FAR Subpart 16.5.

The Government intends to award a contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each offeror should submit its most favorable terms from a technical and price standpoint. However, the Government reserves the right to establish a competitive range and conduct discussions if later determined by the PCO to be necessary. The Government reserves the right to award a firm fixed price award to other than the lowest priced offeror; award a firm, fixed-priced contract without discussions; or award a firm, fixed-priced contract after discussions, whichever is in the best interest of the Government.

The Government will conduct a Lowest Price Technically Acceptable (LPTA) source selection. To determine LPTA, the Government will place all proposals in order of lowest total price to highest total price. Award will be made to the lowest priced proposal found to be Acceptable with respect to Technical and Price. The selection of a proposal for award will be conducted in two phases:

Phase I will consist of the evaluation of Factor 1 – Technical Submission. If the Offeror receives a rating of “Acceptable” for Factor 1 – Technical, the Offeror will proceed to Phase II of the evaluation (i.e., evaluation of Factor 2 – Price). If the Offeror receives a rating of “Unacceptable” for Factor 1– Technical, the offeror will be considered un-awardable and will not be further evaluated. Thereafter, the next lowest total price proposal will be evaluated for acceptability in accordance with the evaluation criteria established in the Solicitation. The evaluation process will continue (in order of price from lowest to highest) until a proposal is evaluated to have an overall Factor 1: Technical rated “Acceptable”.

Proposals will be evaluated for acceptability. Selection of an offeror for award will be based on two parts, as follows:

· Technical Submission (Acceptable/Unacceptable)

· Price

In order to be considered awardable, proposals must receive an overall rating of ‘Acceptable’ for the non-price proposal.

Non-Price Proposal Evaluation Criteria:

The Non-Price proposal is comprised of the following Factors: Factor I – Technical Submission

Factor 1 - Technical Submission

An acceptable proposal must be able to demonstrate that it possesses the required certification from the manufacturer to resell the brand name supplies as identified in the PWS. If it does not successfully demonstrate that it has the certification, it is ineligible for award.

Factor 1 will be evaluated based on Acceptable or Unacceptable basis IAW Table 1 below.

Table 1 –Technical Acceptable/Unacceptable Ratings Table

Technical Ratings

NOTE: A rating of “Unacceptable” for Factor 1 means that the offeror’s proposal is not awardable and is not susceptible to correction without what would be tantamount to the submission of an entirely new proposal.

Small Business Subcontracting Plan (for other-than-small-businesses only)

This is not an evaluation factor.

The Small Business Subcontracting Plan requirement is mandatory for award to a large business. Each large business Offeror’s Small Business Subcontracting Plan will be reviewed in accordance with FAR clause 52.219-9 Alt II (Deviation), Small Business Subcontracting Plan. The plan will be reviewed for acceptability. The apparently successful Offeror shall negotiate an acceptable subcontracting plan with the contracting officer prior to award. Failure to negotiate an acceptable subcontracting plan will make the Offeror ineligible for award. Negotiation of the small business subcontracting plan is not considered discussions and will only occur with the apparent successful Offeror. The plan will be incorporated into any resultant contract(s).

Price Proposal Evaluation Criteria:

The Price proposal is comprised of Factor 2 – Price

Factor 2 - Price

The Government will evaluate price proposals in accordance with FAR 15.404, Proposal Analysis. The Government will combine all CLINs’ prices in determining the price of the proposal. The Government may evaluate any and all information submitted by the offeror to support the reasonableness of the prices proposed. The method of price evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

Written Notice

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

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