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MILITARY SEALIFT COMMAND
N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE
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 N3220520Q0184 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) 2020-04, effective 01/15/2020 located on https://www.acquisition.gov/?q=browsefar
b. DFARS Publication Notice 20191231, effective 12/31/2019 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 The small business size standard is $8 Million.
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:
This is a form fit and function service requirement. Quotes using OEM service and replacement parts equivalent to the OEM components and replacement parts only, will be accepted. The OEM has access to provide parts and technical data/drawings/service as required by USCG, ASME, SOLAS, NAVSEA, NAVAIR and ABS Certification. Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations. Flight deck safety net framing has to be measured in accordance with NAVSEA drawing specific to T-EPF Class. Nets are then individually fabricated to measurements taken, installed, and testing in accordance to AIR CAPABLE SHIP AVIATION FACILITIES BULLETIN No. N1 and NAVAIR standards.
OEM-Qualified Technical Field Service Providers will be required to have the following qualifications:
| a. At least five years of documented work experience, which includes documented formal training in the field service organization as an authorized manufacturer’s technical representative for the type of equipment or systems being services, repaired, installed, modified, or relocated. |
| b. Demonstrated competency in analyzing repair requirements and maintenance and repair process performance and making recommendations based upon as-found condition results and/or performance analysis. |
| c. Recent references (within the last three years) from at least three different clients for whom service was provided as a qualified technical representative on the type of equipment or systems being serviced, repaired, installed, modified, or relocated. |
| d. Ability to procure parts and access to manufacturer’s drawings, technical manuals, technical service bulletins, and special tools for the equipment or machinery specified in the work item. Alternatively, the qualified technical field service representative shall have expert knowledge of the equipment or system and shall be able to provide detailed repair requirements, including identification of parts required, sources for those parts, and step-by-step repair procedures to the shipyard and the MSC representative to return the equipment for full operating parameters. |
Quote shall indicate principal place of performance and country of service origin.
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT OF MEASURE |
| 0001 |
| Labor |
| 1 |
| Each |
| 0002 |
| Materials |
| 1 |
| Each |
| 0003 |
| Travel |
| 1 |
| Each |
6. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. The USNS CARSON CITY requires the installation of the Flight Deck Safety net, Fabrication and weight test, during the period of performance of 15 March 2020 through 25 April 2020.
7. The required delivery is FOB Destination and acceptance date is 26 April 2020. Delivery and acceptance is TBD.
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 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 10AM local time, Norfolk, VA on 7 February 2020. Quotes may be e-mailed to Heather East at heather.east@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, N3220520Q0184 on your quote.
Primary Point of Contact: Heather East, heather.east@navy.mil (757)341-5653 Secondary Point of Contact: Michael Rossik, michael.rossik@navy.mil (757)443-5873 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 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 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.
(End of Provision)
10. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.
52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Oct 2018)
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 (JAN 2020). As prescribed in 12.301(b)(4), insert the following clause:
(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 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:
__ (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).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5)[Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_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).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10)[Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13)[Reserved] __ (14) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).
__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).
__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
__ (ii) Alternate I (July 2014) of 52.222-35.
_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
__ (ii) Alternate I (July 2014) of 52.222-36.
_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__ (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 (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (38) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (41) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (45) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (47) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (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).
__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).
__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
_X_ (60) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
13. The following additional information is applicable to this acquisition:
| Number |
| Title |
| 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 |
| Commercial and Government Entity Code Maintenance |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DOD Officials |
| 252.203-7005 |
| Representation Relating to Compensation of Former DOD Officials |
| 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 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| 252.211-7003 |
| Item Identification and Validation |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| 252.225-7043 |
| Antiterrorism/Force Protection for Defense Contractors Outside the United States |
| 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 |
| 252.232-7010 |
| Levies on Contract Payments |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| 252.246-7003 |
| Notification of Potential Safety Issues |
| 252.247-7023 |
| Transportation of Supplies by Sea |
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Commercial Invoice
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Commercial Invoice
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(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. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)
The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
| (1) | W, Lease/Rental of Equipment; |
| (2) | X, Lease/Rental of Facilities |
| (3) | Y, Construction of Structures and Facilities; |
| (4) | D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY; |
| (5) | S, Utilities ONLY; and |
| (6) | V, Freight and Shipping ONLY. |
The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.
(End Text)
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.
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. (NOTE: Normal work days for personnel involved in the EPIC Screening process are Monday-Friday.) In the event accelerated processing is required, the PM POC should contact the MSC EPIC Program Manager, Pete Lewis (peter.j.lewis@navy.mil) as soon as the requirement is known with justification for the accelerated processing. Subsequently, appropriate direction will be provided to MSC DET EPIC. Vendor will be notified by MSC of personnel who are denied access to the vessel.
Base/Repair Facility Access: Permit is required to access Navy facilities. Base/Repair Facility Access Request is desired seven days prior to ship check or performance start date. Submit forms per the document instruction and to the Port Engineer.
Defense Biometric Identification System (DBIDS) is being implemented for access to DoD facilities in CONUS, HI, Guam and Puerto Rico (replaces RapidGate). Vendor is responsible to acquire DBIDS credentials prior to performance start date. Delays that may result from inadequate planning are contractor responsibility. Vendor instructions and program information is available at https://www.cnic.navy.mil/om/dbids.html. DBIDS credentials require (in succession) (1) Present a letter or official document from the Government sponsoring organization that provides the purpose for your access, (2) Present valid identification, such as a passport or Real ID Act-compliant state driver's license, (3) Present a completed copy of the SECNAV 5512/1 form to obtain your background check, (4) Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments, and (5) After all of this is done, the contractor will be provided with the DBDIS credential. For vendors with existing Navy Commercial Access Control System (NCACS) cards, see https://www.cnic.navy.mil/om/dbids.html for instructions to obtain DBIDS credentials. Vendor is responsible to confirm that each employee held DBIDS credentials are active for the specific facility and performance period in accordance with DBIDS.
Additional access permissions may be required in the future.
Vehicle Access: Required for vehicle access to Navy facilities. Follow supplemental instructions on Base Access forms or base-specific vehicle access forms.
Ship Access List* (Vendor-Provided): On company letterhead attachment via email, the vendor is required to provide the ship master (courtesy copy the Port Engineer) with an accurate, current list of performing personnel prior to being admitted aboard the vessel. Under no circumstances will a hand-delivered list be accepted.
CAUTION - BRAND NAME ONLY
By accepting this purchase order, the Vendor expressly understands and acknowledges that this purchase order is only for the brand name items and parts identified in this purchase order and that the brand name items and parts constitute a material term of this purchase order. The Vendor shall not tender for delivery any substitute and/or alleged equal item or part. The Vendor is hereby warned that any substitute and/or alleged equal item or part tendered for delivery will be rejected by the Government as a non-conforming item and will provide a basis to cancel the purchase order or terminate the purchase order for cause. The Vendor shall be responsible for all costs, such as but not limited to shipping, delivery, repackaging, etc., and arrangements for the return of any non-conforming item. "
14. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.
15. Quotes may be e-mailed directly to heather.east@navy.mil, the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted. No other method of submission is acceptable.
E-mail quotes shall be in either Adobe or Microsoft Office format. Quoters 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 quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission.
Access to the Naval Base and MSC offices is restricted. Quoters, couriers, and delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed quotes may encounter unpredictable and lengthy routing delays. In all cases, quoters are responsible for the risks associated with the chosen delivery method and for ensuring the Government receives the complete quote at the appropriate designated location prior to the due date and time for quote submission.
16. For additional information regarding this solicitation contact Heather East at heather.east@navy.mil.
Statement of Work
1.0 ABSTRACT
1.1 This item describes fabrication, installation, and weight testing of Flight Deck safety nets.
2.0 REFERENCES
2.1 Load Test Nylon Net PMS Card AP-1.pdf
2.2 NAVSEA Drawing 8444203 Flight Deck Safety Net Key Plan
2.3 NAVSEA Drawing 5184097 Safety Nets, DK Edging, Aluminum Frame, Nylon Nets
2.4 CARSON CITY Flight Deck Net Frame Measurements
3.0 ITEM LOCATION/DESCRIPTION
3.1 Location/Quantity
3.1.1 Flight Deck (02-55-0)
3.1.2 19 Frame Nets
3.1.3 Three (3) Filler Nets
4.0 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICE: None
5.0 NOTES
5.1 The contractor and all subcontractors, regardless of tier must consult the General Technical Requirements (GTR) to determine applicability to this work item. In performance of this work item, the contractor and all subcontractors regardless of tier must comply with the requirements of all applicable GTR’s.
5.2 The contractor and all subcontractors, regardless of tier are advised to review other work items under this contract to determine their effect on the work required under this work item. Many of the definitions relating to performance of this work item are found in Work Item 0001.
6.0 QUALITY ASSURANCE REQUIREMENTS: None Additional
7.0 STATEMENT OF WORK REQUIRED:
7.1 All work shall be performed in accordance with applicable NAVAIR procedures and requirements.
7.2 Remove existing nets, hardware, and pendants.
7.3 Measure Net Frame for each of the Flight Deck Safety Nets labeled in 3.1. Use reference 2.2 and 2.4 for guidance.
7.4 Fabricate or procure and install new manufactured Flight Deck Nylon Safety nets using measurements from para 7.2. Use reference 2.2 and 2.3 as direction. This shall include replacement of lashing and wire ropes.
7.3.1 All new nets shall be fabricated of same material as existing.
7.3.2 All new nets shall have new leather chaffing pads installed. Locations of these shall be same as on existing nets.
7.3.3 All nets shall be installed with consideration and accordance to the NAVAIR slack requirements.
7.5 Replace all pendants with new to include hardware for both pendants and stabilizers. Pendants and hardware shall be made of Stainless Steel material. Use reference 2.2 as direction, adhering to all general notes.
7.5.1 Prior to installation, pendants shall be tested as an assembly (i.e. with shackles, thimbles, swage sleeves, turnbuckles, and end-fittings) by pulling to a load of 2500 lbs. and holding for ten minutes. Provide documentation of test to MSCREP.
7.5.2 After installation, fit and adjust the stabilizers and pendants for final fit to ensure net frames gaps do not exceed 127mm and frames orientation, height, and configuration meet NAVAIR requirements.
7.6 Call out MSCREP to verify for the measurement and orientation of nets.
7.7 Perform a weight test on 19 frame nets and 3 filler nets using the Load Test Nylon Net PMS Card AP-I as guidance.
7.8 Weight test frame nets to 1000lbs and filler nets to 500lbs for 10 minutes each.
7.9 All weight tests will be witnessed by a Ship's Force and MSCREP.
7.10 Test weights, rigging, and/or other devices used to produce test loads shall have no sharp edges or corners that might tear or cut safety netting.
7.11 Test loads shall be applied slowly to prevent impact loading. Do not exceed specified loading by more than 5%. Crane or fork truck shall have control of test loads at all times.
7.12 Prepare a Service Report to document the results of measurements, installation, and testing for each safety net and filler net. Report shall include ship name/hull number, activity conducting test, test weight used, test results for each individual net tested, and date of test. At a minimum, report shall include signature sign-off by test conductor and government or ship's force witness. Testing activity shall provide a signed-off copy to ships force for their files.
7.13 All work represented within this specification shall be accomplished within 30 (thirty) days from the start of period of performance for this contract.
8.0 GENERAL REQUIREMENTS: None additional.
image1.emf
Microsoft Word Document 52.212-3 -- Offeror Representations and Certifications -- Commercial Items.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications -- Commercial Items (Oct 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or…
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