N00253-16-T-0482.pdf

SEE ADDENDUM

(No Collect Calls)

N00253-16-T-0482 07-Sep-2016

b. TELEPHONE NUMBER

360-315-0433

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 21 Sep 2016

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.

N002539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GINA A. MELOY

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

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

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

NAVAL UNDERSEA WARFARE CENTER

ATTN: GINA.MELOY@NAVY.MIL

610 DOWELL STREET, BLDG 206A

KEYPORT WA 98345

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N00253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

TEL: 360 396-2760 FAX:

FAX:

TEL: 360-315-0433

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

334513

X

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 OF66

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.

N00253-16-T-0482

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each Leak Test Stand Controller

FFP

MK 62 Leak Test Stand Controller In Accordance With Drawing# 8290555 Rev A and all associated drawings and specifications.

FOB: Destination

NET AMT

STEPLADDER PRICING

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

0001 0001 1.00 4.00

5.00 10.00

11.00 15.00

0002 1 Each Contract Data Requirements List (CDRL)

FFP

CDRL in accordance with CDRL data items A001 and A002.

Delivery of CDRL Data Item A001 is required within 15 days of contract award.

Delivery of CDRL Data Item A002 is required with each delivery lot.

Not Separately Priced (NSP)

1001 Each OPTION Leak Test Stand Controller Option One

FFP

MK 62 Leak Test Stand Controller In Accordance With Drawing# 8290555 Rev A and all associated drawings and specifications.

This is an option item only and in no way is purchased or guaranteed under the resulting contract. Work cannot be started or performed under the option items without option exercise by the contracting officer in accordance with FAR 52.217-

7. If option is exercised, delivery shall be within 180 days of option exercise date.

STEPLADDER PRICING

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

1001 1001 1.00 2.00

3.00 4.00

INFORMATION FOR OFFERORS

1. Failure to provide all required information from this solicitation and any subsequent amendment(s) may deem your company to be considered non-responsive.

2. Government Point of Contact for this Solicitation/Request for Quote (RFQ) is: Gina Meloy, Contract Specialist, Phone: 360-315-0433, Fax: 360-396-7036, Email: gina.meloy@navy.mil.

3. Include the following in the quote:

A. A cover letter containing the following:

The solicitation number

The name, address, telephone and facsimile numbers, and e-mail address of the offeror

The DUNS Number and CAGE Code of the Offeror

A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation, and agreement to furnish any or all items upon which prices are offered at the price set opposite each item

A statement indicating that all items proposed are in accordance with all requirements of the solicitation and all associated drawings, attachments, and specifications (also see item 13 below)

A statement indicating that prices are valid for 90 days from date of solicitation closing; if no such statement is included in the offer, all pricing shall be valid for 90 days from date of solicitation closing

Names, titles, phone numbers, facsimile numbers, and e-mail addresses of persons authorized to negotiate and sign on the offeror’s behalf with the Government in connection with this solicitation

B. Completed solicitation package (Standard Form 1449), including pricing for all line items

C. Completed Technical Capability Worksheet, Attachment 1

D. Completed Past Performance Questionnaire, Attachment 2

4. All questions regarding this solicitation must be submitted in writing as soon as practicable after receipt of solicitation. Email questions to gina.meloy@navy.mil. Questions received after a reasonable time may not be entertained. (DO NOT include government drawings or government protected information in your reply emails unless they are digitally signed and encrypted per Federal Information Processing Standard (FIPS)

Publication140-2.)

5. Utilize the pages in this solicitation to list all unit prices, manufacturers and their part numbers, along with description changes (if any). Each Item No. or “CLIN” must be filled out. Company quote forms may not be substituted for a completed solicitation/amendment pages.

6. If you cannot meet the requested delivery date/Period of Performance (POP), line through and replace with your availability. All line items must state the unit price. Quote quantities as stated in this RFQ.

7. Military Specifications (MILSPEC) can be accessed on line at: http://quicksearch.dla.mil/ and offer electronic copies.

8. Offers shall be FOB destination in accordance with FAR Clause 52.247-34.

mailto:gina.meloy@navy.mil http://quicksearch.dla.mil/

9. Offeror shall supply Manufacturer and/or Service Provider’s information as requested in provision C.108.

Supply city/state if in the United States and/or the country of origin if outside the United States.

10. The government prefers submission of this RFQ by email or fax. The government point of contact information is listed above.

11. ARMS EXPORT CONTROL DRAWINGS

Restricted Drawings and Technical Information are only available by accessing Federal Business Opportunities

(FBO). Registration instructions and Vendor Guide books can be found on the FBO homepage https://www.fbo.gov.

Drawings referenced in this solicitation are restricted by the Arms Export Control Act and are ONLY available to vendors/contractors appointed Data Custodians that are registered with Defense Logistics Information

Service (DLIS) Joint Certification Program (JCP). Vendor’s/Contractor’s Data Custodian’s that are not registered with DLIS JCP can obtain registration information at www.dlis.dla.mil/jcp/ or by phone at 888-352-

9333.

Drawings for this solicitation have been posted to the FBO website: https://www.fbo.gov. Offerors who have registered with FBO and have registered in DLIS JCP can access this data under solicitation number: N00253-

16-T-0482.

12. Performance under this contract requires the contractor to adhere to Operations Security (OPSEC) requirements.

Explanation of these requirements is detailed in Section I of the Operations Security Guide for Defense

Contractors available online at:

http://www.navsea.navy.mil/Home/WarfareCenters/NUWCKeyport/Resources.aspx

Click on OPSEC Guide For Defense Contractors on the right-hand side.

13. COMPLIANCE WITH SPECIFICATIONS

In order to ensure compliance with all the specification requirements, the contractor shall indicate in its offer and notify the Government in a cover letter, what specifications, if any, the offeror does not intend to meet. The offeror shall explain, in detail, how any proposed deviation/exception will nonetheless meet the Government's functional requirements. Should descriptive literature be supplied by the offeror, it will be presumed that the offeror intends to meet all of the specifications, regardless of the descriptive literature, unless the offeror specifically notes its exceptions.

It shall be the obligation of the contractor to exercise due diligence to discover and to bring to the attention of the contracting officer at the earliest possible time, in writing, any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein.

STATEMENT OF WORK

1. Manufacture MK 62 Leak Test Stand Controllers in accordance with Drawing# 8290555 Rev A and all associated drawings and specifications.

https://www.fbo.gov/ http://www.dlis.dla.mil/jcp/ https://www.fbo.gov/ http://www.navsea.navy.mil/Home/WarfareCenters/NUWCKeyport/Resources.aspx

2. Drawing# 8290555 Note 6 states: For Software Install And Final Acceptance, Deliver Final Assembly To:

Change to: Once the vendor has assembled the controller per the drawings, they will prepare and submit a lot report per CDRL A001 that documents all circuitry resistance verification to confirm compliance to all contract and drawing requirements. They should have a continuity test table based on the drawing wire list. With all hardware installed the unit should power up with no discrepancies.

3. Drawing# 8290555 Note 6 states: Final Assembly Shall Pass Minimal Performance Standard Testing SW515-

AB-MMI-020/MK62 MOD 1. Change to: This will be performed at destination and is not required for acceptance.

4. Drawing# 8290567: Not needed to produce the end item.

5. Drawing# 8290606: Not needed to produce the end item.

6. Drawing #s 8290626 and 8290627: Note 1 is removed from requirements. Government will perform.

7. Serial number per Note 5 of Drawing# 8290555 and Note 2C of Drawing# 8290626 will be marked by vendor.

NUWC Keyport will install software and mark the label with software version per drawing# 8290626 Note 2B.

8. Gerber files for Drawing# 8290616 will be provided upon award.

9. See NOR 54/NUWC-K/16013-003 and Drawing# 8290686_redline.pdf for changes. Component orientation and values are revised for accuracy.

10. See documents 8290555S, 8290555R1, and 8290555D for configuration changes and updates to specifications/standards.

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

1001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 180 dys. ADC NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY

OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

360 396-2760

N00253

0002 180 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

N00253

1001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.212-1 Instructions to Offerors--Commercial Items OCT 2015

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.217-5 Evaluation Of Options JUL 1990

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.247-34 F.O.B. Destination NOV 1991

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-0002 Line Item Specific: Sequential ACRN Order SEP 2009

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past

Performance Evaluations

JUN 2015

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7008 Only One Offer OCT 2013

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7028 Exclusionary Policies And Practices Of Foreign Government APR 2003

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order

13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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 database via https://www.acquisition.gov (see 52.204-7).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and https://www.acquisition.gov/

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be a DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15

CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting

Officer check appropriate box.]

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The offeror must be determined to have acceptable technical and past performance before further consideration will be given; that is, selection of the contractor is to be based on the establishment of minimum requirements to be evaluated on an “acceptable” or “unacceptable” basis. Proposals are evaluated for acceptability but not ranked using the non-price factors. In order to be considered awardable, there must be an “acceptable” rating in every non-price factor. Lowest Price Technically Acceptable (LPTA) non-price factors include Technical and Past Performance. The

Contracting Officer will select the offer, in conformance with the solicitation, which is determined technically and past performance acceptable and offers the lowest price. The following factors shall be used to evaluate offers:

PROPOSAL SUBMITTAL REQUIREMENTS:

Factor 1 - Technical Acceptability:

a. Offerors shall submit a detailed narrative that describes their capability to produce the MK 62 Leak Test Stand

Controller. The narrative shall demonstrate that the offeror has adequate facilities, manufacturing processes, personnel expertise, and work experience to manufacture the required items according to the drawing and solicitation specifications, including sheet metal panels, electrical assemblies, printed wiring boards, and cable assemblies.

b. Offerors shall submit a detailed narrative that describes their quality management system that adheres to the requirements of ANSI/ISO/ASQ 9001-2008 Quality Management System. The narrative shall demonstrate that the offeror has an understanding of the quality management requirements and has successfully implemented the quality management system.

Offerors may complete the attached Technical Capability Worksheet (Attachment 1) or attach separate sheets if desired

(limited to ten pages). (DO NOT include government drawings or government protected information for similar projects in your offer via email unless the email is digitally signed and encrypted per Federal Information Processing Standard

(FIPS) Publication140-2.) Merely referring the evaluator to a company website or brochure is not acceptable and may result in rejection of the offer. Offerors who are not the actual manufacturer of the items shall provide the above-described information for the manufacturer. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY RESULT

IN REJECTION OF THE OFFER.

Factor 2 – Past Performance Acceptability: (no page limit)

Offerors shall demonstrate past performance and the ability to deliver products and services of high quality by completing the attached Past Performance Questionnaire (Attachment 2), for three (3) recently completed Federal

Government contracts (not to exceed three years since completion) for like or similar items under this solicitation. If the offeror does not have any Federal Government contracts, then list State, local, or commercial contracts, in that order, to complete your Past Performance Questionnaire. Offerors shall include an accessible point of contact, including name and telephone number, for each reference provided. Failure to submit the Past Performance

Questionnaire may be considered certification that the contractor has no past performance for like or similar items for the Government to evaluate.

Factor 3 - Price:

Offerors are required to submit prices for all line items, with the exception of Not-Separately-Priced line items.

EVALUATION INFORMATION:

Factor 1 - Technical Acceptability:

Offers must meet or exceed the specifications in the solicitation and any subsequent amendments. The information as specified in the quote submittal requirements will be evaluated to determine if the proposed supplies meet or exceed the technical requirements as specified in the solicitation document.

Technical Acceptability will be evaluated according to the following ratings and criteria:

Technical Acceptability Evaluation Rating Table

Rating Description

Acceptable

Quote clearly meets the minimum requirements of the solicitation. Offeror has clearly demonstrated the following:

a. Offerors shall demonstrate their capability to produce the MK 62 Leak Test Stand

Controller. Offerors shall demonstrate that they have adequate facilities, manufacturing processes, personnel expertise, and work experience to manufacture the required items according to the drawing and solicitation specifications, including sheet metal panels, electrical assemblies, printed wiring boards, and cable assemblies.

b. Offerors shall demonstrate that they have a quality management system that adheres to the requirements of ANSI/ISO/ASQ 9001-2008 Quality Management System. Offerors shall demonstrate that they have an understanding of the quality management requirements and have successfully implemented the quality management system.

Unacceptable

Quote does not meet the minimum requirements of the solicitation. Offeror has not demonstrated the following:

a. Offerors shall demonstrate their capability to produce the MK 62 Leak Test Stand

Controller. Offerors shall demonstrate that they have adequate facilities, manufacturing processes, personnel expertise, and work experience to manufacture the required items according to the drawing and solicitation specifications, including sheet metal panels, electrical assemblies, printed wiring boards, and cable assemblies.

b. Offerors shall demonstrate that they have a quality management system that adheres to the requirements of ANSI/ISO/ASQ 9001-2008 Quality Management System. Offerors shall demonstrate that they have an understanding of the quality management requirements and have successfully implemented the quality management system.

Factor 2 - Past Performance Acceptability:

Past performance will be evaluated based on the offerors demonstrated ability to satisfy its customers in the past, deliver products and services of high quality, meet delivery schedules, and comply with applicable Federal, State, and local laws and regulations.

The Government may contact some or all of each offeror’s customers to ask whether or not they believe: (1) that the offeror is capable, efficient and effective; (2) that the offeror’s performance conformed to the terms and conditions of its contract; (3) that the offeror was reasonable and cooperative during performance; (4) that the offeror was committed to customer satisfaction; and (5) that the offeror was able to hire and retain qualified personnel necessary for successful completion of customer requirements. Additionally they may ask if given a chance would they select the same or a different Contractor and/or other questions related to the offeror’s ability in the areas outlined for this

Factor.

Offerors are advised that the Government may consider information obtained from sources other than those identified by the offeror, including Federal, State and local Government agencies, better business bureaus, published media and electronic databases including, but not limited to, Past Performance Information Retrieval System

(PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS). Additionally, the personal experience and evaluator knowledge of offeror performance may be utilized.

The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort, will be given greater weight in determining offerors’ Past Performance

Acceptability/Unacceptability.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of Acceptability/Unacceptability, “unknown” shall be considered “Acceptable.”

Note that, if the contractor does not provide past performance information with its offer, the Contracting Officer need not pursue further information if it is clear that the offeror’s price is not competitive.

Past Performance will be assessed according to the following evaluation ratings and criteria format provided in the below Rating Table.

Past Performance Evaluation Rating Table

Rating Description

Acceptable

Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.

Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort.

Factor 3 - Price:

The Government will be evaluating offers for award purposes by adding the total price for all contract line item numbers (CLINs) utilizing STEPLADDER PRICING EVALUATION. The prices will be compared to the

Government estimate, other offers received and/or other independent price and cost information.

Stepladder pricing shall be evaluated by computing a weighted average unit price for each CLIN. The weighted average unit price will be computed based upon the price offered for each stepladder quantity times the upper quantity in that particular stepladder, divided by the sum of the “upper quantity” units. The weighted average unit price computed for that line item will then be multiplied by the “evaluated quantity” (EQ) identified for that line item to derive a total evaluated line item price. Please note that regardless of the stepladder price under which the

EQ falls, the EQ will be multiplied only by the weighted average unit price derived for that particular CLIN and not by the actual price that corresponds to that quantity within the Schedule of Supplies.

Example: Evaluated Quantity (EQ): 53

Stepladder

Quantity

Unit

Price x

Upper

Quantity

Total

25-44 Units $120 44 Units $5,280

45-60 Units $100 60 Units $6,000

Total = 104 Units $11,280

Weighted Average Unit Price = $11,280/104 = $108.46

Total Evaluated Line Item Price = $108.46 x 53 = $5,748.46

The “Total Evaluated Stepladder Price” will be obtained by adding together the “Total Evaluated Line Item Price” for all CLINs/SUBCLINs.

The EQ to be used for each CLIN under this solicitation shall be as follows:

CLIN EQ

0001 13

1001 2

Offerors are hereby advised that the “EQ” in no way restricts the Government as to the number of units it may order under each line item. It is used solely for evaluation purposes. The Government reserves the right to order ANY quantity within a stepladder subject to the availability of funding at time of initial award or option exercise.

Offerors should note that price breaks given for each stepladder within a CLIN are to apply to all units within that and lower stepladders. The following example illustrates the correct procedure for calculating the overall price for specific quantities ordered:

Example: Assume the following Stepladder Quantities and Unit Prices apply.

Stepladder

Unit

Price

100 – 200 $150

201 – 300 $120

301 – 400 $100

Based on the above quantities and prices, the total price for various ordering quantities would be as follows.

Ordered

Unit

Price

Total

Price

130 $150 $19,500

200 $150 $30,000

201 $120 $24,120

280 $120 $33,600

301 $100 $30,100

320 $100 $32,000

As shown above in this example, due to the large quantity price breaks, it costs more to buy a quantity of 280 than it does to buy 320. This is for example purposes only to illustrate how the stepladder quantity price breaks work.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

“Forced or indentured child labor” means all work or service— https://www.sam.gov/portal

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one…