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ANCHOR WINDLESS ANNUAL INSPECTION Federal contract opportunity
Solicitation number
N32205-18-Q-6765
Issued by
Department of the Navy Military Sealift Command

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COMBINED SYNOPSIS/SOLICITATION

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MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation number is N3220518Q6765 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through:

a. Federal Acquisition Circular (FAC) 2005-100, effective 08/22/2018 located on https://www.acquisition.gov/?q=browsefar

b. DFARS Publication Notice 20180824, effective 08/24/2018 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

4. The associated NAICS code is 811310 and the associated PSC code is J020 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

|X| is not being set-aside for small businesses.

|_| is being set-aside for [insert small business program]. The small business size standard is [enter size standard.]

5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

Annual Service for Cargo Refrigeration & Air Conditioning Plant Inspections

CLIN
Vessel
Description
Qty
Unit of Measure
0001
USNS LEWIS AND CLARK (T-AKE 1)
LAB1; Labor and Materials IAW SOW
0002
USNS SACAGAWEA (T-AKE 2)
LAB1; Labor and Materials IAW SOW
0003
USNS ALAN SHEPARD (T-AKE 3)
LAB1; Labor and Materials IAW SOW
0004
USNS RICHARD BYRD (T-AKE 4)
LAB1; Labor and Materials IAW SOW
0005
USNS ROBERT E PEARY (T-AKE 5)
LAB1; Labor and Materials IAW SOW
0006
USNS AMELIA EARHART (T-AKE 6)
LAB1; Labor and Materials IAW SOW
0007
USNS CARL BRASHEAR (T-AKE 7)
LAB1; Labor and Materials IAW SOW
0008
USNS WALLY SCHIRRA (T-AKE 8)
LAB1; Labor and Materials IAW SOW
0009
USNS MATTHEW PERRY (T-AKE 9)
LAB1; Labor and Materials IAW SOW
0010
USNS CHARLES DREW (T-AKE 10)
LAB1; Labor and Materials IAW SOW
0011
USNS WASHINGTON CHAMBERS (T-AKE 11)
LAB1; Labor and Materials IAW SOW
0012
USNS WILLIAM MCLEAN (T-AKE 12)
LAB1; Labor and Materials IAW SOW
0013
USNS MEDGAR EVERS (T-AKE 13)
LAB1; Labor and Materials IAW SOW
0014
USNS CESAR CHAVEZ (T-AKE 14)
LAB1; Labor and Materials IAW SOW

6. Statement of Work (SOW)

1.0 ABSTRACT:

1.1 This item describes the required technical services for an Authorized Friedrich Kocks GMBH Service Representative to inspect the windlasses and mooring winches onboard the T-AKE vessels listed in para 5.1.

2.0 REFERENCE:

2.1 Tech Manual TG813-BV-MMC-010, Electrically Driven Deck Machinery Models

2.2 NAVSEA Dwg. No. 581-7489016, Anchor Handling Arrangement and Details

2.3 NAVSEA Dwg. No. 582-7488906, Mooring Arrangement and Details Forward and Towing Package

2.4 NAVSEA Dwg. No. 100-7489051, Forecastle (FS Zone)

2.5 T-AKE Anchor Windlass SAMM Maintenance pdf (133 pages)

3.0 ITEM LOCATION/DESCRIPTION:

3.1 Location:

3.1.1 Forward Mooring Deck (01 Lvl, Frame 10)

3.1.2 Aft Mooring Deck (2nd Deck, Frame 90)

3.2 Quantity:

3.2.1 Two (2) each Combination Anchor Mooring Winches

a. W1 and W2

3.2.2 Four (4) each Mooring Winches

a. M1, M2, M3, and M4

3.3 Item Description:

3.3.1 Anchor Windlass Type: 1907

3.3.2 Driving Winch Type: 7716

3.3.3 Chain Cable Dia and Grade: 81mm Dia, Grade 3

3.3.4 Refer to Reference 2.1 for additional information and drawings.

4.0 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICES: None.

5.0 NOTES:

5.1 All work listed under the Statement of Work shall be completed on EACH of the following T-AKE Class vessels during the listed Period of Performance except where otherwise noted:

T-AKE CLASS VESSEL
EXPECTED PERFORMANCE

LOCATION

PLANNED

PERIOD OF

PERFORMANCE

USNS LEWIS AND CLARK (T-AKE 1)
6/11/19-6/24/19
Diego Garcia
USNS SACAGAWEA (T-AKE 2)
2/26/19-3/18/19
Chinhae, Korea
USNS ALAN SHEPARD (T-AKE 3)
6/9/19-6/29/19
Dubai, UAE
USNS RICHARD BYRD (T-AKE 4)
1/25/19-2/21/19
Singapore
USNS ROBERT E PEARY (T-AKE 5)
4/23/19-5/30/19
Norfolk, VA
USNS AMELIA EARHART (T-AKE 6)
4/30/19-5/13/19
Singapore
USNS CARL BRASHEAR (T-AKE 7)
10/8/18-10/21/18
San Diego, CA
USNS WALLY SCHIRRA (T-AKE 8)
3/10/19-3/24/19
Chinhae, Korea
USNS MATTHEW PERRY (T-AKE 9)
12/14/18-1/11/19
Chinhae, Korea
USNS CHARLES DREW (T-AKE 10)
5/21/19-6/17/19
Bremerton, WA
USNS WASHINGTON CHAMBERS (T-AKE 11)
10/1/18-10/21/18
Chinhae, Korea
USNS WILLIAM MCLEAN (T-AKE 12)
7/19/19/8/10/19
Norfolk, VA
USNS MEDGAR EVERS (T-AKE 13)
2/6/19-2/26/19
Norfolk, VA
USNS CESAR CHAVEZ (T-AKE 14)
1/4/19-1/22/19
SriRacha, Thailand

5.2 Performance Location and Period of Performance dates provided are best known locations and dates at time of submission of these requirements and are subject to change. A Condition Report shall be submitted to the Port Engineer and Contracting Officer requesting modification of the contract due to travel costs.

5.3 Provide an access list of all personnel boarding the ship. The list shall include the following:

· Persons full name

· SSN, or passport #, or naturalization #

· Place of birth

· Date of birth

5.4 The Contractor shall be responsible for proper and timely submital of all access requirements to include, but not limited to, EPIC and base/port access.

5.4.1 There are additional access requirements for Diego Garcia. Contractor shall complete all requirements for access.

5.5 Principal Port Engineer contact information:

Current Port Engineer contacts are:

T-AKE 1: LUIS CRUZ; 757-443-0876/757-390-6919
T-AKE 2: TONY THOMPSON; 757-443-0878/757-439-6353
T-AKE 3: EDDIE OLEYKOWSKI; 757-443-0928/757-803-4528
T-AKE 4: WILLIE LOMBOS; 757-443-0984/757-943-7949
T-AKE 5: GEORGE KIPP; 757-443-2832/757-544-1886
T-AKE 6: SCOTT KETTERMAN; 757-443-0974/757-285-2075
T-AKE 7: JIMMY ORCA; 757-443-0980/757-761-4785
T-AKE 8: NIK KRITICOS; 757-443-1125/757-561-1130
T-AKE 9: DONNY CAMPBELL; 757-443-0882/757-603-2768
T-AKE 10: JOE MARTIN; 757-443-0975/757-777-6780
T-AKE 11: MIKE NICHOLS; 757-443-0881/757-663-8629
T-AKE 12: PAT RYAN; 757-443-0946/757-434-2697
T-AKE 13: MICHAEL BIGDA; 757-443-2239/757-761-7095
T-AKE 14: MICHAEL ZIRPOLO; 757-443-0947/757-705-9932
T-AKE SPE: JOHN MASSEY; 757-443-0966/757-434-2903
T-AKE ASPE: SCOTT ALVEY; 757-443-0979/757-803-4539

5.6 THIS SHIP CONTAINS HIGH VOLTAGE (HV) ELECTRICAL SYSTEMS. OBEY ALL POSTED AND VERBAL INSTRUCTIONS REGARDING SAFETY AND EXCLUSION FROM HIGH VOLTAGE AREAS. AT NO TIME APPROACH, WORK ON, OR ENTER A HIGH VOLTAGE AREA WITHOUT PROPER AUTHORIZATION.

5.7 THE T-AKE CLASS ELECTRICAL COLOR CODING DOES NOT FOLLOW CONSISTENT COLOR SCHEME. THE SHIP IS KNOWN TO HAVE CURRENT CARRYING CONDUCTORS COLORED GREEN, BLUE, BLACK, AND WHITE. ASSUME ALL ELECTRICAL CABLES ARE ENERGIZED UNTIL TESTED AND PROVEN OTHERWISE. TEST ALL ELECTRICAL CABLES TO ENSURE THEY ARE DE-ENERGIZED PRIOR TO WORKING ON THE ITEM.

6.0 QUALITY ASSURANCE REQUIREMENTS:

6.1 All Inspections, Adjustments, and Servicing shall be completed to the satisfaction of MSCREP.

7.0 STATEMENT OF WORK REQUIRED:

7.1 Provide the services of Authorized Friedrich Kocks GMBH Service Representative to complete Annual Inspections, Adjustments, and Servicing of the Anchor Windlass and Mooring Equipment found aboard the T-AKE Class ships.

7.1.1 The OEM Reps shall be familiar with the T-AKE Class and installed equipment onboard the vessels listed in Paragraph 3.1 and 3.2.

7.2 Point of Contact for services:

TTS Marine - USA Fort Lauderdale, FL Nicole Watson – Service Coordinator/Sales Email: nicole.watson@tts.se.us Phone: 954-493-6405 Fax: 954-493-6409

7.3 The OEM Representative shall complete the following for each ship listed in Para 5.1:

7.3.1 Travel to each ship’s location during the Period of Performance listed under Para 5.1

7.3.2 Inspect each windlass and associated equipment.

a. Ensure all equipment is operating as designed.

7.3.3 Perform alignment checks.

7.3.4 Complete all Annual Preventative Maintenance.

7.3.5 Inspect, clean and lubricate all grease fittings and grease passages for proper flow of the grease. Conduct a round of lubrication on both anchor windlasses to ensure the system is fully lubricated.

7.3.6 Witness operational testing by Ship’s Force.

a. Provide operational feedback and guidance to Ship’s Force during testing.

7.3.7 Review crew maintenance and operating procedures.

7.3.8 Upon completion of all required work, submit a final report, in electronic adobe format, of completed check lists, of conditions found, discrepancies corrected, and recommendations for any process improvements noted during inspections.

a. Final Report required within ten (10) business days after completion of work.

7.4 Emergent Work:

7.4.1 Any repairs identified outside of the scope of the references and /or listed within this Statement of Work shall be submitted to the Port Engineer and Contracting Officer via Condition Report for resolution and direction.

a. In addition, any additional required repairs, outside of the scope of this SOW that is identified prior to the start of any of the period of performances shall be submitted to the Contracting Officer by the Port Engineer and/or Contractor.

b.

8.0 GENERAL REQUIREMENTS:

8.1 The Contractor shall provide all of his/her own equipment and tools to perform this work. All instruments/tools that require calibration shall have a current calibration label affixed to it.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:
Responsible sources shall provide the following:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2. Total Firm Fixed price

3. Any Discount Terms

4. Estimated time of delivery

5. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the statement of work (SOW).

6. Responses to the solicitation are due NLT 1000 on 28 September 2018. Quotes may be e-mailed to Ed Ruhling at edward.ruhling@navy.mil. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

Primary Point of Contact: Edc Ruhling 757-443-0733
Secondary Point of Contact: Scott Harrison 757-433-5919
The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

9. Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition.

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

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

If utilized, a past performance evaluation will be conducted in accordance with FAR 13.106-2(b)(3)(ii)(C). The Government intends to utilize the Government Wide Past Performance Information Retrieval System (PPIRS) for past performance evaluations as a basis for anticipating successful/unsuccessful performance on this required effort. To be considered acceptable for past performance, a search of the PPIRS must reveal no negative past performance information for the recent and relevant records. In the event there are no recent and/or relevant PPIRS records, the quoter may submit information on recent and relevant subcontracts and/or commercial contracts. If no recent and relevant contracts are available in PPIRS or submitted by the offeror, the quoter’s past performance record shall be considered “unknown.” In the context of acceptable or unacceptable, “unknown” past performance shall be considered “acceptable.” To be considered recent, the effort must either still be in progress or have been completed within the previous three (3) years from date of this draft award notice. To be considered relevant the record should be similar in terms of complexity, scope, and magnitude. “Scope” is defined as experience in areas defined in the SOW. “Magnitude” is defined as the measure of similarity of the volume, dollar value, and/or duration of work actually performed under the quoter’s submitted contracts to the SOW. At the quoter’s discretion, additional past performance information may be submitted with the quote as a supplement to PPIRS. If furnished, this submission will be evaluated in accordance with the procedures described above.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(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 by the Government 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.

10. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.

11. Clause 52.212-4 Contract Terms and Conditions – Commercial items, applies to this acquisition.

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

12. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Aug 2018), applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.

(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 items:

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

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

(4) 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 items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(End of Clause)

13. The following additional information is applicable to this acquisition:

Number
Title

52.203-3 52.203-11 52.203-12 Gratuities Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Limitation on Payments to Influence Certain Federal Transactions

52.203-18

52.204-4 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.204-7
System for Award Management
52.204-13
System for Award Management Maintenance
52.204-16
Commercial and Government Entity Code Reporting

52.204-18 52.204-19 Commercial and Government Entity Code Maintenance Incorporation by Reference of Representations and Certifications

52.204-21
Basic Safeguarding of Covered Contractor Information Systems

52.204-22 52.209-5 Alternative Line Item Proposal Certification Regarding Responsibility Matters

52.211-6
Brand Name or Equal
52.223-6
Drug-Free Workplace
52.223-22
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals
52.232-18
Availability of Funds
52.232-39
Unenforceability of Unauthorized Obligations

52.232-40 52.233-1 52.233-2 52.233-3 52.233-4 52.242-13 Providing Accelerated Payments to Small Business Subcontractors Disputes Service of Protest Protest After Award Applicable Law for Breach of Contract Claim Bankruptcy

52.245-1
Government Property
52.245-9
Use and Charges
252.203-7000
Requirements Relating to Compensation of Former DOD Officials
252.203-7002
Inform Employees of Whistleblower Rights
252.204-7000
Disclosure of Information
252.204-7003
Control of Government Personnel Work Product
252.204-7008
Compliance with Safeguarding Covered Defense Information Controls
252.204-7009
Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 252.209-7004 Notice of Authorized Disclosure of Information for Litigation Support Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

252.211-7006
Passive Radio Frequency Identification
252.211-7007
Reporting of Government-Furnished Property
252.211-7008
Use of Government-Assigned Serial Numbers
252.213-7000
Notice of Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluation
252.215-7007
Notice of Intent to Resolicit
252.215-7008
Only One Offer
252.223-7008
Prohibition of Hexavalent Chromium
252.225-7001
Buy American and Balance of Payments Program
252.225-7002
Qualifying Country Sources as Subcontractors
252.225-7012
Preference for Certain Domestic Commodities
252.225-7013
Duty-Free Entry
252.225-7043
Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (if performance is required outside of US)
252.225-7048
Export Controlled Items
252.227-7015
Technical Data—Commercial Items
252.227-7037
Validation of Restrictive Markings on Technical Data
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
252.243-7002
Requests for Equitable Adjustment
252.244-7000
Subcontracts for Commercial Items
252.245-7001
Tagging, Labeling, and Marking of Government Furnished Property
252.245-7002
Reporting Loss of Government Property
252.245-7003
Contractor Property Management System Administration
252.245-7004
Reporting, Reutilization, and Disposal
252.246-7003
Notification of Potential Safety Issues
252.246-7008
Sources of Electronic Parts
252.247-7023
Transportation of Supplies by Sea

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

As prescribed in 9.104-7(d), insert the following provision:

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

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

(End of provision)

52.252-2 Clauses Incorporated by Reference (Feb 1998) http://acquisition.gov/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current (End of clause)

252.211-7003 Item Identification and Validation

As prescribed in 211.274-6(a)(1), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

“DoD item unique identification” means a system of marking items delivered to

DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government’s unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

(End of clause)

252.232-7006 Wide Area Work Flow Payment Instructions

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

INVOICE

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

GOVERNMENT

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N32205 Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code N62387 Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

NOT APPLICABLE

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

MSCHQ_WAWF@navy.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

252.232-7010 Levies on Contract Payments

As prescribed in 232.7102, use the following clause:

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide—

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor’s assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including–

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

(End of clause)

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, "Leave Blank."

In some situations, the WAWF system will pre-populate the "Pay DoDAAC," "Admin by DoDAAC" and "Issue by DoDAAC." The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the "Inspection" and "Acceptance" defaults of "destination" for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the "Send More Email Notifications" link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact's (TPOC) or Contracting Officer's Representative's (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

DUTY-FREE ENTRY

In accordance with DFARS 252.225-7013, this material requires duty free entry into the US. Contractor is to initiate the entitlement request via Defense Contract Management Agency's (DCMA) Duty Free Entitlement (DFE) 1.5 website: http://ww w.dcma.mil/aboutetools.cfm. If you require assistance, please contact the DCMA helpdesk at 1-888-576-DCMA (3262). This purchase order will not be modified to reimburse the contractor for any customs fees incurred for failure to request duty free entry via this program.

SHIP & BASE ACCESS

Vendors are responsible for correctly submitting forms/applications. Vendors are encouraged to monitor email using “Request a Read Receipt” function and to confirm receipt of facsimile transmissions.

Due to enhanced security measures, ship and base access is required for pre-award ship visits (e.g. ship-check) and for contract performance. Specifically, the following permissions are required:

1. El Paso Intelligence Center (EPIC) personnel screening requirement

2. Base/Repair Facility Access Request

3. Vehicle Access Request

4. Ship Access List (vendor-provided)

All forms are available for download on the MSC contracts webpage at http://www.msc.navy.mil. Click on “Contracts” in the upper right corner. “EPIC template” is under “Reference” subheading. Click on “Online Library of Common Documents” for all other forms.

EPIC: Required for access to MSC vessels. Complete the MSC/EPIC Force Protection Request Submission Template (Non-Mariner Maintenance Contractor (Rev 8(v4) – 20 September 2017) strictly adhering to format requirements. Screening requests for personnel requiring access will be submitted by their parent company via AMRDEC SAFE, https://safe.amrdec.army.mil/safe to the following MSC personnel

PM1, 4, 6, 7, and 8: joanne.kim.ctr@navy.mil

david.laden.ctr@navy.mil
francis.lacerna.ctr@navy.mil

EPIC personnel screening requests are required to be submitted no less than four (4) working days prior to performance start date. MSC DET EPIC processes requests in the order they are received.

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