N3220519R9003 RFP.pdf

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Wartsila Brand Equipment (Supply) and Maintenance Repair
Solicitation number
N32205-19-R-9003
Issued by

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This is a request for proposals for a multiple award indefinite delivery, indefinite quantity contract to provide Wartsila brand equipment supply and maintenance repair services. The Navy's Military Sealift Command seeks firm fixed-price proposals for a five-year ordering period to provide supplies and repair services for ship critical safety items. Small businesses may qualify for set-asides. Evaluation will be based on staffing approach and price, with awards made to proposals meeting or exceeding acceptability standards with the lowest evaluated price.

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SEE ADDENDUM

(No Collect Calls)

N3220519R9003 01-Sep-2020

b. TELEPHONE NUMBER

757-443-5910

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 06 Nov 2020

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.

N322059. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DEREK L. WILLIS

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

N322059319N7A1

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C. STREET

BLDG. SP-64

NAVAL STATION NORFOLK

NORFOLK VA 23511

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 757-341-6346

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,500

NAICS:

333618

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 OF63

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.

N3220519R9003

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Supplies/Services

FFP

IAW Exhibit (A) Rate Table, Five-year Ordering Period

FOB: Destination

PURCHASE REQUEST NUMBER: N322059319N7A1

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-5 Certification Regarding Responsibility Matters OCT 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.212-2 Evaluation - Commercial Items OCT 2014

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (JUN 2020) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.217-5 Evaluation Of Options JUL 1990 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2018-O0018) JUN 2020

52.219-9 Alt II

(Dev)

Small Business Subcontracting Plan (Deviation 2018-O0018)

- Alternate II

AUG 2018

52.225-18 Place of Manufacture AUG 2018

52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-18 Availability Of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-2 Service Of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

52.252-2 Clauses Incorporated By Reference FEB 1998

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

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

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.215-7008 Only One Offer JUL 2019

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019

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

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets and

Tungsten.

DEC 2019

252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION

2018-O0019)

AUG 2018

252.225-7995 (Dev) Contractor Personnel Performing in the United States Central

Command Area of Responsibility (Deviation 2017-O0004)

SEP 2017

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.237-7023 Continuation of Essential Contractor Services OCT 2010

252.237-7024 Notice of Continuation of Essential Contractor Services. OCT 2010

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

252.247-7023 Alt I Transportation of Supplies by Sea (FEB 2019) Alternate I FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

"will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

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

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of

Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the

Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(End of clause)

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

2019)

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

Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

$10,000,000.

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

https://www.sam.gov/

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

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.209-11 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

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

52.212-1 (ADDENDUM) INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) INSTRUCTIONS TO OFFERORS

Proposals may only be emailed directly to derek.l.willis@navy.mil, william.lucenta@navy.mil, and david.g.foster@navy.mil the sole designated email address(s) and inbox for receipt of email submissions.

No other electronic means of submission (unless authorized), used in whole or in combination with email, is permitted. One (1) electronic copy of the proposal is required. In the event that an electronic copy is submitted via email, the first version received will take precedence if there is evidence of a conflict.

1. E-mail proposals shall be in either Adobe or Microsoft Word format, with the exception of the signed

1449 and any amendments, which must be included in a proposal as scanned .pdf files, and the price proposal, which must be submitted in Excel format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212-1(f)(2)(i)(A) applies. The exception at FAR

52.212-1(f)(2)(i)(B) shall not apply to E-mail proposals.

OR

Additionally, electronic files can be sent via the DOD SAFE (Secure Access File Exchange. DOD

SAFE (Secure Access File Exchange) is a service to make it easy for you to exchange unclassified files up to 8.0 GB that can't be sent through email. There are no user accounts for DOD SAFE -authentication is handled via email and CAC. Everyone has access or can obtain access to DOD

SAFE, and the application is available for use by anyone. The DOD SAFE application can be accessed via https://safe.apps.mil/.

Please note: Non-DoD Personal Identity Verification (PIV) certificates or External Certificate

Authority (ECA) are not currently supported. Users should select their SIGNATURE certificate issued through the DoD email Certificate Authority (CA) or select the AUTHENTICATION PIV certificate issued by the DOD Identifier (ID) Certificate Authority (CA) in order to connect.

***In order for a guest user to create a drop-off, they must receive a drop-off request from an authenticated user. A drop-off request is valid for 14 days. For users who wish to use DOD

SAFE to submit their proposal, please submit your request directly to derek.l.willis@navy.mil, william.lucenta@navy.mil, and david.g.foster@navy.mil. A request to create a drop-off must be received no later than 14 business days BEFORE the specified closing date and time.

Additionally, for an offerors proposal to be considered on-time, it must be received by the

Contracting Officer or one of the designated points of contact stated above on or before the closing date and time specified in the solicitation.***

Users outside of DOD may notice lengthy download and upload times depending on their bandwidth availability, but DISA will work to continually improve the experience for all users.

mailto:derek.l.willis@navy.mil mailto:william.lucenta@navy.mil mailto:david.g.foster@navy.mil https://safe.apps.mil/ mailto:derek.l.willis@navy.mil mailto:david.g.foster@navy.mil

Files are automatically deleted from DoD SAFE 7 days after you upload them. Please notify the points of contact listed above if a proposal has been submitted more than 7 days in advance of the closing date and time of the solicitation.

2. Hand delivered and mailed proposals are not authorized. Access to the Navy facility / MSC office is restricted. Offerors and couriers and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed proposals may encounter unpredictable and lengthy routing delays. In all cases, Offerors are responsible for the risks associated with the authorized delivery method and for ensuring that the

Government receives the complete proposal at the appropriate designated location prior to the due date and time for proposal submission.

3. Questions regarding this solicitation may be sent via email to the following recipients only:

derek.l.willis@navy.mil, william.lucenta@navy.mil, and david.g.foster@navy.mil. Questions may not be accepted after 15 October 2020.

(b) PROPOSAL REQUIREMENTS

1. INTRODUCTION AND PURPOSE:

This section specifies the format that offerors shall use in this request for proposals (RFP). The intent is not to restrict offerors in the manner in which they will perform the work, but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

2. COVER AND TABLE OF CONTENTS:

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

The cover should indicate the following:

Title of the proposal

Volume number (1 - 3)

Solicitation number

Name and address of offeror, point of contact information (name, phone number, and email address), CAGE code, DUNS number, and applicable tax identification number (TIN)

Identification if original or a copy of the proposal

Proposal validity for at least 180 days after the solicitation due date

The offeror shall, state it will meet all the requirements of the solicitation without exception

Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located. The use of tabs and dividers is encouraged (if applicable).

3. REQUIREMENTS FOR STYLE:

Each offeror shall submit a proposal that clearly and concisely describes and defines the offeror’s response to the requirements contained in the solicitation. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective proposal are not desired.

Elaborate artwork, expensive paper or bindings, and expensive visual or other presentation aids are neither necessary nor desired. The proposal shall contain all the pertinent information in sufficient detail in the one area of the proposal where it contributes most critically to the discussion of the same information. When necessary, offerors shall refer to the initial discussion and identify its location within the submitted proposal.

mailto:derek.l.willis@navy.mil mailto:david.g.foster@navy.mil

4. PROPOSAL PAGE LIMITATIONS AND ORGANIZATION:

Title Hardcopy Proposal Quantities Page Limit*

Volume 1: Staffing Approach 1 Electronic Copy 30 pages

Volume 2: Price Proposal 1 Electronic Copy No limit

Volume 3: Solicitation Compliance 1 Electronic Copy No limit

Each volume is limited to the maximum number of pages as defined in the table above. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics.

Graphics (including tables) included in the proposal may use an alternative font with 8 point size type or larger. Each “page” is defined as one sheet, 8 ½” x 11”, with at least one-inch margins on all sides, using a font with a point size of 10 or greater (e.g., “Times New Roman” style with 10 point font).

Lines shall, at a minimum, be single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½” x 11” pages. Offerors are permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, tabs, and dividers. Tables of contents and any compliance matrices may exceed one page, which will not be included in the page count. Pages submitted in excess of the page limitations described above will not be evaluated.

The Price Proposal and Solicitation Compliance section is not page limited. However, the submitted information is strictly limited to that described in the PROPOSAL CONTENT section below. Price Proposal information in the Rate Table shall be submitted in Microsoft Excel format.

All submissions and attachments shall be in Adobe Acrobat PDF, Microsoft Word, and/or Microsoft

Excel file format, as applicable.

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

The successful proposal will be incorporated into the resultant contract as an attachment to the extent it is not inconsistent with the terms and conditions of the RFP. If terms inconsistent with the RFP are proposed, they must be clearly stated in offeror’s Cover Letter.

Offerors shall follow the guidelines set forth below for submission of its offer(s) and shall address all relevant requirements for the Wartsila Brand Equipment and Maintenance Repair IDIQ Contract. The

Government may waive informalities and minor irregularities in proposals received. The proposal requirements shall be organized by Section as follows:

5. STAFFING APPROACH. THE PROPOSAL PACKAGE SHALL INCLUDE:

This volume shall address the technical factor, Staffing Approach, and shall include all information required for proposal evaluation. This volume shall exclude any reference to the price aspects of the proposal.

Offeror(s) shall provide a staffing approach, which describes the proposed methodology to accomplish the Performance Work Statement (PWS). The staffing approach shall include a description of the Offeror's personnel resources that demonstrate an understanding of the skillsets required to successfully accomplish the tasks/requirements specified within the PWS. Additionally, Offeror(s) shall also provide as part of the staffing approach, a resume for each proposed key personnel employee in PWS section 6.3, Key Personnel providing sufficient information within the resume to meet the requirements as set forth in PWS section 6.0, Personnel Qualifications.

Factor 1 - Staffing Approach section is limited to thirty pages.

6. PRICE PROPOSAL. THE PROPOSAL PACKAGE SHALL INCLUDE:

Offerors that are not an OEM or an OEM authorized vendor shall only submit prices for technical requirements that MSC has deemed said Offeror of being capable and qualified to perform or technical requirements that the Offeror is requesting qualification to perform in accordance with COMSCINST 4490.1C for MSC Qualified Non-OEM approved sources.

This volume shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting documentation. The pricing information shall be completed in accordance with the following:

A complete and signed Standard Form 1449, “Solicitation/Contract/Order for Commercial Items” and executed copy of amendments, if applicable.

Unless completed in the System for Award Management, the offeror shall complete the representations and certifications contained in the solicitation. If the offeror has completed all of the representations and certifications required by this solicitation in the System for Award

Management, then the offeror need not submit the hardcopy representations and certifications.

For the purpose of preparing a price proposal, the offeror shall assume that the period of performance consists of a five-year ordering period, as well as the potential usage of FAR clause

52.217-8, Option to Extend Services. Offerors shall use the periods established in the Schedule.

This volume shall also include a completed Rate Table, submitted in accordance with the following instructions.

o Separate price information shall be submitted for each year of service, as well as a total summary for the five-year ordering period, as shown in the Rate Table. Also, include pricing for the potential usage of FAR clause 52.217-8, Option to Extend Services. The price for the services shown in this spreadsheet shall include all fully burdened labor required to provide services. The firm-fixed-price annual rates proposed in the Rate

Table will be incorporated into the resultant contract.

Travel is anticipated. Travel will be priced at the Task and Delivery Order level and does not need to be input into the Rate Table.

The FFP amount for CLIN 0001, Option to Increase Quantity (FAR 52.217-6), is estimated at

$2,000,000.00. This amount should be entered on the Rate Table, Exhibit A, and on the corresponding CLINs of the Standard Form 1449.

The FFP amount for CLIN 0001, Option to Extend Services (FAR 52.217-8), will be evaluated in accordance with section 52.212-2 Evaluation--Commercial Items (2014). This amount should be entered on the Rate Table, Exhibit A.

Factor 2 – Price Proposal section is not page-limited, but is strictly limited to the requested information and supporting documentation only. No price information shall be contained in any other part of the proposal.

7. SOLICITATION COMPLIANCE:

A. Cover Letter that provides information outlined in FAR 52.212-1(b). The offeror shall, state it will meet all the requirements of the solicitation without exception in its cover letter.

The Cover Letter shall also indicate the proposal validity time period if different from 52.212-

1(c).

B. Standard Form 1449: Section A blocks 17 and 30 completed with all signatures and dates when the form is submitted with the offer. Failure to do so may lead to rejection of the offer.

C. Signed acknowledgement of Amendments.

D. A statement that the offeror’s current and complete Representations are available on the

System for Award Management (SAM). The offeror must maintain all Representations and

Certifications required by this solicitation. Any Representations and Certifications not available for response within SAM may be submitted with the Offeror’s proposal. Items not applicable should be marked “N/A”.

E. Small Business Subcontracting Plan. (For other-than-Small Businesses Only). Each offeror that is not a small business shall provide a Small Business Subcontracting Plan that contains all elements required by FAR 52.219-9 (DEVIATION 2018-O0007), as supplemented by

DFARS 252.219-7003 (DEVIATION 2018-O0007) by the closing date and time stated in the solicitation. This plan will not be evaluated as part of the formal source selection process. The

Small Business Subcontracting Plan must be determined to be acceptable by the Contracting

Officer in order for the offeror to be eligible for contract award in accordance with FAR

19.702(a)(1). If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award. If the Contracting Officer accepts the Small Business

Subcontracting Plan, it will become part of the contract. Offerors are permitted to submit a master subcontracting plan as long as it is created in accordance with FAR 19.701 and FAR

19.704(b). Small Business Subcontracting Plans are not required from offerors that qualify as

Small Business concerns under NAICS Code 333618 with a Size Standard of 1500 Employees.

It is the goal of this solicitation that prime contractors subcontract with small businesses to the maximum extent practicable. For other-than-small prime contractors, the Small Business

Subcontracting Plan goals shall be expressed in terms of whole dollars and percentages based on total planned subcontracting dollars. Of the total planned subcontracting dollars, the Small Business Subcontracting Plan shall include goals for Small Businesses, Small

Disadvantaged Businesses, Woman-Owned Small Businesses, HubZone Small Businesses, Veteran Owned Small Businesses and Service-Disabled Veteran-Owned Small Business.

The Government will consider prior achievement of small business subcontracting plan goals as well as the quoted dollar values and percentages related to this solicitation.

Offeror(s) shall comply with the instructions for the format and content of the proposals contained herein;

proposals that do not comply may be considered unacceptable and may be determined to be ineligible for award.

IMPORTANT NOTES:

(1) Offerors shall respond to all requirements of the solicitation. Offerors are cautioned not to alter the solicitation.

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

(3) Proposals are to be submitted via the beta.sam.gov website. All electronic files shall be compatible with Adobe

Acrobat and Microsoft Office Suite version 2010. Proposals are due no later than the closing date and time identified on the front page of the solicitation. Late proposals will not be accepted.

(4) In accordance with COMSCINST 4490.1C, Qualification Requirements for Items Critical to Safety on Vessels

Assigned to Military Sealift Command, for ship critical safety items, MSC shall enter into contracts only with sources qualified to produce and/or service such items. Requests for qualification or offers received from an unapproved source are referred to visit https://procurement.msc.navy.mil where the offeror or vendor can submit a request for qualification to the Design Contract Activity (MSC N7). If an offeror or vendor is unable to obtain qualification standards before the date specified for award of the contract, then the offeror or vendor will not have met a term and condition under this proposed contract. It is a term and condition under this solicitation that offerors are either an Original Equipment Manufacturer (OEM) offeror, OEM authorized vendor, or MSC qualified non-OEM offeror. As stated above, objections to any of the terms and conditions of the solicitation will constitute a deficiency (see FAR 15.001), which will make the offer unacceptable.

(End of FAR provision 52.212-1 Addendum)

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

(a) The Government intends to award a multiple firm-fixed-price, IDIQ contract resulting from this RFP to the responsible Offeror whose offer, conforming to the RFP, represents the best value to the Government, price and other factors considered in accordance with the RFP. The Government has complete discretion in determining the number of awards. Each offeror’s proposal shall be in the form prescribed by and shall contain a response to each of the areas identified in the solicitation provision FAR 52.212-1 entitled “Instructions to Offerors—Commercial

Items” and its Addendum. The evaluation and award are being conducted in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 15, Contracting by Negotiation. Award will be made based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

The evaluation process will use a Lowest Price Technically Acceptable (LPTA) evaluation approach in order to determine which Offeror represents the best value to the Government. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability.

(b) 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.

(d) The Government intends to award without discussions.

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