N3220522R4254 Amend 0013 .docx
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- SOLICITATION USNS SUPPLY ROH Federal contract opportunity
- Solicitation number
- N3220522R4254
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This document is a solicitation for ship repair and overhaul of the USNS SUPPLY. The Navy seeks repairs and maintenance including category A and B items, additional government requirements, and other direct costs. Responses are due by [date redacted]. The award will be made to the responsible, technically acceptable offeror with acceptable past performance offering the lowest price. Technical factors include understanding the work items, ability to perform the work, and management controls and quality assurance. Evaluation will also consider the offeror's past performance, price reasonableness, and compliance with small business subcontracting goals. Offerors must have ship repair certifications and the facilities capable of performing the full scope of work, which includes structural, machinery, pipe, electrical and electronic shops, as well as drydock capabilities when required.
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Text version
N3220522R4254
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION B - SUPPLIES OR SERVICES AND PRICES
The following have been added by full text:
RFC QUESTION POP CHANGE 1
REQUEST FOR SPECIFICATION CLARIFICATION
1. NAME OF CONTRACTOR:
SPECIFICATION ITEM NO.: 114
PARAGRAPH / SECTION NO:
TITLE: Gas Turbine Intake Filter
QUESTION:
The following references are missing for Work Item 114, please provide.
Reference 2.5 DWG: 500-6361773 Rev. E Reference 2.6 DWG: 500-6361775 Rev .J
ANSWER: Requested references (1) Reference 2.5 DWG: 500-6361773 Rev. E and (2) Reference 2.6 DWG: 500-6361775 Rev. (J) provided to offerors via Department of Defense (DoD) Secure Access File Exchange (SAFE) ·
2. NAME OF CONTRACTOR:
SPECIFICATION ITEM NO.: 0565
PARAGRAPH / SECTION NO: 2.0 / 2.1.7
TITLE: Amend 11_Fixed Gas Firefighting System Inspection and Test (1 YR) (SCSI)
QUESTION:
Please provide the following reference:
2.1.7 MSC Safety Notice 22-001 Halon Discharge Hose Life Cycle
ANSWER: Requested reference for 2.1.7 MSC Safety Notice 22-001 Halon Discharge Hose Life Cycle provided to offeror via Department of Defense (DoD) Secure Access File Exchange (SAFE).
SECTION F - DELIVERY AND PERFORMANCE
The following have been added by reference:
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
The following have been deleted:
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
SECTION I - CONTRACT CLAUSES
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| DEC 2021 |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities |
| DEC 2021 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| DEC 2021 |
| 52.210-1 |
| Market Research |
| DEC 2021 |
| 52.215-12 (Dev) |
| Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001) |
| OCT 2021 |
| 52.215-14 |
| Integrity of Unit Prices |
| DEC 2021 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| DEC 2021 |
| 52.222-50 |
| Combating Trafficking in Persons |
| DEC 2021 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| FEB 2021 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2021 |
| 52.244-6 |
| Subcontracts for Commercial Products and Commercial Services |
| JAN 2022 |
| 252.211-7007 |
| Reporting of Government-Furnished Property |
| MAR 2022 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic |
| MAR 2022 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| MAR 2022 |
| 252.225-7013 (Dev) |
| Duty-Free Entry (DEVIATION 2020-O0019) |
| MAR 2022 |
| 252.245-7004 (Dev) |
| Reporting, Reutilization, and Disposal (DEVIATION 2022-O0006) |
| NOV 2021 |
52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2020-O0019) (JAN 2022)
(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—
(1) Israel, and the anticipated value of the acquisition is $50,000 or more;
(2) Mexico, and the anticipated value of the acquisition is $92,319 or more; or
(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $183,000 or more.
(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.
(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:
(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.
(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.
(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)
(d) Remedies.
(1) The Contracting Officer may terminate the contract.
(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.
(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.
(End of clause)
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| JUN 2016 |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. |
| JUL 2018 |
| 52.204-25 |
| Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. |
| AUG 2020 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| JUN 2020 |
| 52.210-1 |
| Market Research |
| JUN 2020 |
| 52.215-12 (Dev) |
| Subcontractor Certified Cost or Pricing Data (Deviation 2018-O0015) |
| JUN 2020 |
| 52.215-14 |
| Integrity of Unit Prices |
| JUN 2020 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| JUN 2020 |
| 52.215-21 Alt IV |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (JUN 2020) - Alternate IV |
| OCT 2010 |
| 52.222-19 (Dev) |
| Child Labor - Cooperation with Authorities and Remedies (DEVIATION 2020-O0019) |
| JUL 2020 |
| 52.222-50 |
| Combating Trafficking in Persons |
| OCT 2020 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| FEB 2021 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| JUL 2021 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7020 |
| NIST SP 800-171 DoD Assessment Requirements |
| NOV 2020 |
| 252.209-7010 |
| Critical Safety Items |
| AUG 2011 |
| 252.211-7007 |
| Reporting of Government-Furnished Property |
| AUG 2012 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic |
| DEC 2017 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2017 |
| 252.225-7013 (Dev) |
| Duty-Free Entry (DEVIATION 2020-O0019) |
| JUL 2020 |
| 252.245-7004 |
| Reporting, Reutilization, and Disposal |
| DEC 2017 |
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336611.
(2) The small business size standard is 1,250.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.
(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(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.
52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (NOV 2021)
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
____ (1) The Offeror certifies that--
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or
____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless--
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--
(i) Waived application under U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).
(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
| 52.204-8 |
| Annual Representations and Certifications |
| SEP 2021 |
| 52.204-24 |
| Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. |
| OCT 2020 |
| 52.209-13 |
| Violation of Arms Control Treaties or Agreements -- Certification. |
| FEB 2021 |
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICE TO BIDDERS
| 52.215-1 |
| Instructions to Offerors--Competitive Acquisition |
| DEC 2021 |
252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022)
(a) Definitions.
Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.
Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.
(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171.
(c) Procedures.
(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.
(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.
(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.
(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.
(i) The email shall include the following information:
(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).
(B) Organization conducting the assessment (e.g., Contractor self-assessment).
(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--
(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and
(2) A brief description of the system security plan architecture, if more than one plan exists.
(D) Date the assessment was completed.
(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).
(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.
(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:
Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved
(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:
(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).
(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).
(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.
(iv) A brief description of the system security plan architecture, if more than one system security plan exists.
(v) Date and level of the assessment, i.e., medium or high.
(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).
(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.
(3) Accessibility.
(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).
(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.
(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).
| 52.215-1 |
| Instructions to Offerors--Competitive Acquisition |
| JAN 2017 |
| 252.204-7019 |
| Notice of NIST SP 800-171 DoD Assessment Requirements |
| NOV 2020 |
SECTION M - EVALUATION FACTORS FOR AWARD
EVALUATION FACTORS FOR AWARD
1. Award will be made to the responsible, technically acceptable offeror, with acceptable past performance, whose proposal, conforming to the solicitation, offers the lowest evaluated price. The Government reserves the right to make an award based upon initial offers. The Government intends to award one (1) contract as a result of this solicitation.
2. BASIS FOR AWARD
a. The Government will evaluate offers on an LPTA basis IAW FAR 15.101-2. The technical factor and past performance factor will be evaluated on an acceptable/unacceptable basis. Technical tradeoffs will not be made and no additional credit will be given for exceeding the minimum requirements of the solicitation. Award will be made to the lowest evaluated price proposal whose offer conforms fully to the solicitation requirements and meets the acceptability standards for all non-price factors and subfactors. In order to be eligible for award, an offer must receive an acceptable rating in every non-price factor and subfactor. An unacceptable rating in any non-price factor or subfactor will render the entire offer unacceptable. For other than small business concerns, the Government will evaluate the Small Business Subcontracting Plan IAW FAR 52.219-9 with its Alternate II. Failure by an other than small business concern to submit and negotiate a subcontracting plan acceptable to the KO will render its offer ineligible for award of a contract.
1) The Government intends to award without discussions. However, pursuant to FAR 52.215-1(f)(4), the Government reserves the right to conduct discussions if the KO later determines them to be necessary. In the event that discussions are held, a competitive range determination will be made.
2) In selecting the lowest-priced offeror with an acceptable rating for all non-price factors, the following factors and subfactors will be considered:
Technical Factors Factor 1 – Understanding the WI Package
| Subfactor 1.1 –TPSN |
| Subfactor 1.2 – Problem Areas |
| Subfactor 1.3 – Engineering |
| Subfactor 1.4 – Material Availability |
| Subfactor 1.5 – Material Control and Storage |
| Subfactor 1.6 – Heavy Weather Plans |
| Subfactor 1.7 – Cold Weather Plans |
Factor 2 – Ability To Perform the WI Package
| Subfactor 2.1 – Man-hour Chart |
| Subfactor 2.2 – Growth Absorption |
| Subfactor 2.3 – Facilities |
Factor 3 – Management Control and Quality Assurance
| Subfactor 3.1 – Organization and Key Personnel |
| Subfactor 3.2 – Subcontractor Participation |
| Subfactor 3.3 – Quality Control Plan |
| Subfactor 3.4 – Hazardous Waste Management Plan |
Past Performance Factor Element 1 – Quality of product or service Element 2 – Timeliness or scheduling of service/deliveries Element 3 – Business relations/customer satisfaction Element 4 – Key personnel and staffing (including subcontractors) Price Factor
d. Offerors are cautioned that any offer receiving a rating of unacceptable for any technical subfactor may be rated unacceptable overall for the technical factor. Any offer rated unacceptable for the technical factor or past performance factor will be ineligible for award.
3. ADJECTIVAL RATINGS/DEFINITIONS
Technical Acceptable/Unacceptable Ratings
| Rating |
| Description |
| Acceptable |
| Proposal meets the requirements of the solicitation. |
| Unacceptable |
| Proposal does not meet the requirements of the solicitation. |
Past Performance Evaluation Ratings
| Rating |
| Description |
| Acceptable |
| Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. |
| Unacceptable |
| Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. |
Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”
4. EVALUATION FACTORS FOR AWARD
a. Evaluation criteria consist of factors and subfactors. The proposals will be evaluated under the following factors: technical, past performance, and price. The technical factors and subfactors and past performance factors will each receive one of the adjectival ratings defined in paragraph 3. Ratings of subfactors are used to derive an overall rating for the related factor.
b. Technical factors include:
Technical Factor 1 – Understanding the WI Package
Subfactor 1.1 TPSN
Demonstrate in detail, an understanding of the overall scope of work and the plan to accomplish that work by providing a TPSN, including milestones for each WI including Category “B” items. In addition, develop a Critical Path Analysis by WI. The analysis shall clearly identify the primary Critical Path at each point of the availability. In addition, a secondary Critical Path may be presented.
Milestones shall include:
a. MSC Onsite Management Team office start and end dates.
b. Start of contract/ship arrival date.
c. Crew move-off date (if applicable).
d. Dry-dock date (if applicable)
e. Completion of tanks gas-freeing date.
f. Machinery Space Turnover date.
g. Undock date from Dry-dock (if applicable)
h. Habitability and Galley and Mess Turnover date.
i. Crew move aboard date (if applicable).
j. Pre start-up meeting.
k. Bridge turn-over.
l. Dock trial date.
m. Sea trial date.
n. Ship redelivery date.
Subfactor 1.2 Problem Areas
Identify any foreseen potential problem areas in accomplishing the work requirements (e.g., LLTM, open and inspect items, potential labor disputes) within the allotted contract period and propose solutions to those problems. If no problems are foreseen, state, “No problems are foreseen.”
Subfactor 1.3 Engineering
The Offeror shall demonstrate his understanding of the engineering support requirements (e.g., working drawings, tech/system manuals, selected record plans, inclining requirements, Trim and Stability booklet, and docking and undocking calculation, if required) of the work package.
Identify completely the extent of engineering services that you plan to provide for this work package.
Describe the methodology to be used for resolving technical engineering problems, including engineering/production interfaces.
Describe the liaison between production and any engineering or design subcontractors (e.g., whether or not specifically dedicated in-house individuals will be assigned liaison).
Describe how regulatory approvals will be obtained for applicable engineering drawings (i.e. use of Professional Engineer review, use of ABS review for ABS approval).
Submit brief but concise resumes of engineering personnel (in-house and subcontractor) assigned to this project.
Subfactor 1.4 Material Availability
Identify materials/sources of materials for any item whose material cost exceeds 25% of the total estimated work item cost.
Identify materials and sources for material costs that exceed $10,000.00 for any single item. Do not list normal stock materials (e.g., fasteners, gaskets, weld rod).
Provide a separate listing of all brand name or equal items pursuant to the Brand Name or Equal provision of this solicitation (FAR 52.211-6). List should identify the product or material by work item number.
Subfactor 1.5 Material Control and Storage
Provide information on the location and size of all storage areas including those available for the receipt and inspection of material. Provide supporting data to demonstrate capability for compliance with the storage requirements identified in the statement of work.
Describe the system to be used for Material Control, providing data for the following areas:
1. Advanced CFM material ordering.
2. Receipt, inspection, and identification of GFM and CFM, including rotatable pool items.
3. Control of pilferable and sensitive material.
4. Control of damage and reporting system.
5. Turn-in material, including equipment shipped to subcontractors for work.
6. Scrap material and relative accounting system.
7. Ripout material which is to be reinstalled
8. Procedure for critical material decisions such as substitutions.
9. Temporary issue of storeroom repair parts to support overhaul/availability.
Show how the proposed system satisfies Production and QA Material Control requirements. Describe how material is distributed to the crafts.
Subfactor 1.6 Heavy Weather Plans
A Heavy Weather Plan shall be submitted IAW the specification item on heavy weather. The heavy weather plan shall include a description of the protection arrangements available and the preventive measures that will be taken to ensure the safety of the ship from potential heavy weather conditions.
Subfactor 1.7 Cold Weather Plan
A Cold Weather Plan shall be submitted IAW the specification item on Cold Weather. The Cold Weather Plan shall include a description of the protection arrangements available and the preventive measures that will be taken to ensure the safety of the ship from potential cold weather conditions.
Technical Factor 2 - Ability To Perform the WI Package
Subfactor 2.1 Man-hour Chart
Provide the supervisor/worker ratio for each specification item. Submit man-hour estimates by Hull, Machinery, and Electrical departments, with totals for each specification item and grand totals for all specification items in the format outlined below. The man-hour estimates provided shall reflect the actual man-hours planned to accomplish the work in the specification items.
MAN-HOUR ESTIMATES
| ITEM NO. |
| HULL/ |
STRUCTURAL
PRIME/SUB
MACHINERY
PRIME/SUB
ELECTRICAL
PRIME/SUB
ELECTRONIC
PRIME/SUB
OTHER
PRIME/SUB
TOTAL
PRIME/SUB
GRAND TOTAL
Provide one graphic presentation indicating each of the following items (only one graph to be provided) Note: Left side of graph to indicate “man-days”; bottom of graph to indicate time from award date to redelivery of vessel in daily intervals.
| (a) Total number of personnel required to accomplish all work projected during the period of performance required by the solicitation. |
| (b) Total number of personnel required to accomplish all shipyard work, all other work |
currently scheduled, and all other work projected during the period of performance required by this solicitation.
| (c) Total number of subcontractor personnel used to accomplish work projected during the period of performance required by this solicitation. |
| (d) Projected number of contractor and subcontractor personnel required to accomplish the additional man-hours of growth work as outlined in this solicitation |
For all other work projected to be performed during this availability, list the name of the ship/barge/vessel, the period of performance. Explain if it will impact this availability and, if so, how.
Subfactor 2.2 Growth Absorption
Provide an estimate of the amount of additional work that can be absorbed without impact on the availability completion. Assume that most of the additional work is identified during the first 50% of the availability, that the work per trade (Hull, Machinery, and Electrical) is proportional to the work in the basic specifications, and that all material for such additional work is available within a reasonable time.
Justify the estimate of the amount of additional work that can be absorbed beyond AGR and Category “B” items.
Subfactor 2.3 Facilities
Complete the enclosed MSC Ship Repair Facility Survey Form (MSC Form 4330/26). Forms must be signed and dated. (See section J for the form). Note the following special instructions when completing the form.
a. On sheet 2 of 5, the “Services Available” block should include only those services which are permanently installed. Temporary service capability should be listed on sheet 5 of 5.
b. Photocopies of crane certification data shall be supplied.
c. The following instructions apply to the required submittals list located on sheet 5 of 5.
1) Submittal number 1: submit as instructed.
2) Submittal number 2: submit as instructed.
3) Submittal number 3: submit as instructed; list only capital equipment. Do not list portable hand-held tools.
4) Submittal number 4: do not submit, covered elsewhere in RFP.
5) Submittal number 5: do not submit, covered elsewhere in RFP.
6) Submittal number 6: submit as instructed, do not list subcontractor locations.
7) Submittal number 7: do not submit.
Use additional sheets as necessary to give a complete description of your facilities.
Submit the following:
A Berth Chart that complies with the requirements set forth in Specification Item entitled “Berthing and Mooring Requirements.”
An Approach Chart that complies with the requirements set forth in Specification Item entitled “Berthing and Mooring Requirements.” A Mooring Chart that complies with the requirements set forth in Specification Item entitled “Berthing and Mooring Requirements.”
For an ROH/DD, complete the J-11 MSC Drydock Evaluation Form and provide photocopies of the drydock certificate(s).
Technical Factor 3 – Management Control and Quality Assurance
Subfactor 3.1 Organization and Key Personnel
Provide an organization chart of the key personnel who will be assigned for this availability. Include upper management, program managers, negotiators, estimators, scheduling personnel, engineering personnel, key production personnel by trade, the shipyard safety program organization, testing organization, the quality assurance organization, and contractor personnel responsible…
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