N3220523Q0033 - SMALL ARMS INSTRUCTORS COMBINED SYN SOL v2.docx

N3220523Q0033

N3220523Q0033

Section SF 30 - BLOCK 14 CONTINUATION PAGE

CLAUSES INCORPORATED BY REFERENCE

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR

SMALL ARMS MARKSMAN INSTRUCTOR (SAMI) TRAINING FOR

MSC CIVIL SERVICE EMPLOYEES (CIVMARS)

PERFORMANCE WORK STATEMENT

1. BACKGROUND

1.1. This contract is for the services of two (2) qualified, full-time equivalent small arms instructors to support Government instructors with the teaching and qualifying of government personnel using a Small Arms Marksman (SAM), Advanced Watchstander and Ships Reaction Force training. The instructors will teach the training courses at the following ranges: Commercial range (C2) in Virginia Beach, VA (Pungo area), Government owned/operated range at Fort Eustis, VA, and the M-14 contracted range within 50 miles for Fort Eustis. The contracted M-14 Range is currently located in Jamaica, VA.

1.2. The Government is required to qualify civilian shipboard personnel in the handling and use of small arms, including pistol, rifle and shotgun annually. Small arms qualified personnel normally serve as ship’s crew and may stand armed watches or be members of ship’s security forces. The students are Military Sealift Command (MSC) Civil Service Mariners (CIVMARs), additionally, uniformed military personnel (active/reserve) and MSC contracted mariners (CONMARs) may occasionally attend the training at the discretion of the Government. The training associated with this contract will be conducted at Government furnished facilities including government furnished classrooms, weapons, ammunition and related equipment following curriculum provided by and approved by the Government. The firearms that will be used for the training have be procured via a separate commercial contract, which also includes a provision for providing commercial ammunition or Government weapons and ammunition. The Contractor does not provide curriculum, facilities, weapons or ammunition under this contract. This contract is only for instructor services.

1.3. The contracted instructors may teach independently or alongside other qualified Government small arms instructors or range safety officers, depending upon the situation and at the discretion of the Government. If teaching independently, the contracted instructors will be furnished or have access to the curriculum, equipment, firearms and ammunition necessary to conduct the training and qualification.

1.4. A typical class is made up of 16 students (maximum). However, a class can range from 8 to 24 students, pending on location. The Commercial range (C2) in Virginia Beach, VA (Pungo area) is limited to 16 students. The ranges located at FT Eustis and the M-14 contracted range and can accommodate up to 24 students.

1.5. A typical training class consist of four days of small arms qualification training followed by a one (1) day non-lethal Advanced Watchstander (AWS) qualification training.

1.6. The Ships Reaction Force (SRF) is a three (3) day course is offered when required.

1.7. The government will train the contracted instructors to teach the AWS and SRF courses.

2. SCOPE OF WORKS

2.1. The Contractor shall provide two qualified, full-time equivalent small arms instructors to assist and support Government instructors on the teachings of the Small Arms Marksman Training, Advanced Watchstander, and Ships Reaction Force courses for Military Sealift Command (MSC), Civilian Mariner, (CIVMAR), Commercial Mariner (CONMAR) and Military personnel.

2.1.1. The instructors shall teach the training courses at the following ranges: Commercial range (C2) in Virginia Beach, VA (Pungo area), Government owned/operated range at Fort Eustis, VA, and the contracted M-14 range.

2.2. The Contractor shall provide each student in attendance the Small Arms Marksman, Advanced Watchstander, and Ships Reaction Force Courses with the relevant up-to-date training course materials. The Small Arms Course is related to the Berretta M9 pistol, Sig Saur M18 Pistol, M-14 Rifle, M-4 Rifle and M500 12GA Riot Shotgun. All training materials will be provided by the Government.

2.3. The government will train the contracted instructors to teach the AWS and SRF courses.

3. PLACE OF PERFORMANCE

3.1. 1 April 2023 – 30 September 2023: Two contract SAMI qualified instructors shall be located at the C2 Shooting Range located 6025 Marvin Road, Virginia Beach, VA 23457.

3.1.1. The C2 Shooting Range is a commercial range. The commercial range provides the training facilities, weapons and ammunition.

3.2. 1 October 2023 – 30 September 2024: Two contracted SAMI instructors shall be located at Training Center Hampton Roads (TCHR), 650 Monroe Ave, Fort Eustis, VA at building 650 or building 827 and at the contracted M-14 range. The government will provided transportation to and from the contracted M-14 range for all students and instructors.

3.3. 1 October 2024 – 31 March 2025: Two contracted SAMI instructors shall be located at Training Center Hampton Roads (TCHR), 650 Monroe Ave, Fort Eustis, VA at building 650 or building 827 and at the contracted M-14 range. The government will provided transportation to and from the contracted M-14 range for all students and instructors.

3.4. Training Center Hampton Roads. Training Center Hampton Roads (TCHR) is located on Joint Base Langley Eustis (JBLE), Fort Story, VA. The classroom portions of the TCHR training occur within MSC classrooms which are on JBLE. Shooting of the 9mm Pistol and 12 Gauge shotgun occur at the JBLE shooting range. Because the JBLE range is not capable of handling the M-14 rifle / 7.62mm cartridge shooting of the M-14 is accomplished at a contracted commercial range. The Government weapons and ammunition are transported from JBLE to the contracted M-14 range in Government vehicles driven by Government personnel. The distance between JBLE and the contracted M-14 range is approximately 50 miles on-way.

4. REQUIREMENTS

4.1. The Contractor shall provide the two (2) full-time instructors to assist and support the Government instructors with teaching the four (4) day small arms qualification training course and the (1) day non-lethal Advanced Watchstander (AWS) qualification training course.

4.1.1.1. Military Sealift Command (MSC) usually requires Fifty (50) Small Arms Classes and Fifty (50) Advanced Watchstander Classes each Fiscal Year. No classes will be scheduled the week of Christmas and New Year’s.

4.1.1.1.1. For Fiscal Year 23 the course dates are listed in paragraph six.

4.1.1.1.2. For FY24 the course dates will be published 30 days prior to the end of the Fiscal Year.

4.1.1.1.3. The Two (2) Full time Equivalent Instructors shall work Forty (40) hours per week times (x) Fifty (50) weeks per year for 2000 hours for the base year and approximately 1000 hours for each subsequent option period. A weekend training period may be scheduled due week day weather delays or Federal Holiday’s at the ranges. The work week will not exceed Forty (40) hours.

4.1.2. MSC shall provide the curriculum for the Small Arms qualification training course and the Advanced Watchstander (AWS) qualification training course at both training locations.

4.1.3. MSC shall provide Instructor guides for the Small Arms qualification training course and the Advanced Watchstander (AWS) qualification training course.

4.1.4. At TCHR FT Eustis the government will provide the training facilities, weapons and ammunition.

4.1.5. The Commercial range located in Virginia Beach, VA (Pungo area) will provide the training facilities, weapons and ammunition.

4.2. For the base period and Option Period One, the Contractor shall provide:

4.2.1. Two qualified contracted Small Arms Instructors IAW COMSCINTS 3591.1. The instructors must be qualified by previously successfully completing one of the following courses:

4.2.1.1. Navy Small Arms Marksmanship Instructor Course (A-041-0148). This course trains personnel to instruct students on the use, maintenance and safety precautions for pistols, rifles, and shotguns; trains personnel to be RSO.

4.2.1.2. The Federal Law Enforcement Training Center Small Arms Instructor Course.

4.2.1.3. DoD-equivalent Small Arms Course.

4.2.1.4. Non-DoD. Any other Small Arms equivalencies approved by OPNAV ashore readiness Division (OPNAV N46) after Center for Security Forces (CENSECFOR) review of the course of instruction.

4.2.2. Contracted Small Arms Instructors must show proof of qualification.

4.2.2.1. Instructors will be required and must be capable of presenting approved curriculum in the classroom, serve as line coaches during dry firing walk-thru’ or live fire exercises and serve as a Range Safety Officer.

4.2.2.2. Contracted Small Arms Instructors will be required to assist with Ships Reaction Force (SRF) Training. The Government will train and certify the contract instructors.

4.2.3. Additional Contracted Small Arms Instructors Qualifications:

4.2.3.1. The Contracted Small Arms Instructors shall never have been convicted of a felony or any crime of domestic violence.

4.2.3.2. Each Contracted Small Arms Instructors shall be required to sign and attest to the above statements are true.

4.2.3.3. Additionally, the Contracted Small Arms Instructors shall meet, or be eligible to meet, the following requirements:

4.2.3.3.1. DoD Form 2760 Qualification to Possess Firearms and Ammunition

4.2.3.3.2. MSC Supplemental Form to DoD 2760

4.2.3.3.3. Medical restriction IAW COMSCINST 3591.1 Series

4.2.3.4. Contracted Small Arms Instructors must be able to qualify in all weapons listed below IAW MSC Small Arms Qualification Course as per COMSCINST 3591.1 within 30 days of date of hire. The government shall provide all weapons and ammunitions for qualification.

4.2.3.4.1. Berretta M9 Pistol

4.2.3.4.2. Sig Saur M18 Pistol

4.2.3.4.3. M-14 Rifle

4.2.3.4.4. 12ga Riot Shotgun

4.2.3.4.5. M-4 Rifle

4.2.3.5. Contracted Small Arms Instructors must requalify in the above weapons every 6 months. The government shall provide all weapons and ammunitions for requalification. Proficiency/refresher training for instructors will be conducted during scheduled class sessions.

4.2.3.5.1. MSC shall provide qualification training for the contract instructors after award date.

4.2.3.5.2. Government representatives may remove any weapon from the weapon qualification requirement as necessary.

4.2.3.6. Contracted Small Arms Instructors must complete required JQRs within 30 days of hire and as required IAW in COMSCINST 3591.1.

4.2.3.7. Maintain a current First Aid, Cardiopulmonary Resuscitation (CPR), and Automated External Defibrillator (AED) certification from a nationally recognized organization.

4.2.3.8. Maintain a Secret clearance.

4.2.3.9. Government has right of refusal for any Contracted Small Arms Instructors if they do not feel instructor is qualified or unsafe.

4.2.3.9.1. Contracted Small Arms Instructors must send resume, and proof of all instructor qualifications prior to hiring.

4.2.3.9.2. Government representatives have 5 business days to review all documentation submitted by candidates.

4.2.4. Location of Personnel:

4.2.4.1. For the period 1 April 2023 – 30 September 2023 the Contracted Small Arms Instructors shall provide:

4.2.4.1.1. Two SAMI qualified instructors, as stated in paragraphs 4.2.1 through 4.2.3, shall be located at the C2 Shooting Range located 6025 Marvin Road, Virginia Beach, VA 23457.

4.2.4.2. For Option Period One: 1 October 2023 – 30 September 2024 the contractor shall provide:

4.2.4.2.1. Two SAMI qualified instructors, as stated in paragraphs 4.2.1 through 4.2.3, shall be located Training Center Hampton Roads (TCHR), Building 650 or 827, 650 Monroe Ave, Fort Eustis, VA.

4.2.4.3. Option Period Two: For period 1 October 2024 – 31 March 2025 the contractor shall provide:

4.2.4.3.1. Two SAMI qualified instructors, as stated in paragraphs 4.2.1 through 4.2.3, shall be located Training Center Hampton Roads (TCHR), Building 650 or 827, 650 Monroe Ave, Fort Eustis, VA.

4.2.4.3.2. Shotgun and pistol live fire events will occur at Government ranges located at FT Eustis and ranges within a 30 mile radius of FT Eustis.

4.2.4.3.3. The M-14 rifle live fire events will occur at Government ranges located at a contract range located within 50 miles of Fort Eustis.

4.2.4.3.4. The Government will provided transportation for all students and staff to/from the ranges.

4.2.5. Each student shall be provided with an end of course feedback survey. The Instructors shall ensure that students complete the end of course feedback survey for constructive feed-back on the Small Arms Marksman and the Advanced Watchstander courses. The end of course feedback surveys shall provide to the lead government instructor within two (2) business days of completion of each course. Each student must submit an end of course feedback prior to receiving a completion certificate.

4.2.5.1. Any end of course feedback rating of marginal or unsatisfactory must be addressed with the senior government instructor via email within two (2) business days of completion of each course in conjunction with initial student surveys. The Contractor rebuttal or clarification must successfully address the adverse rating to substantiate a rating of Satisfactory or higher.

4.2.6. The lead Government Instructor shall provide each student who successfully completes the course of instruction with a certificate of completion.

4.2.7. The Contractor will notify the senior government instructor immediately if any students fail to show up for class, or if any student is not expected to pass the course.

4.2.8. The contractor shall assist and support the lead government instructor and offer reasonable assistance for student’s success of course completion.

5. TRAINING CLASSROOMS AND FACILITIES SUPPORT

5.1. The Government shall provide access to a safe, furnished facility and all necessary resources required to perform the Small Arms Marksman training course. The necessary resources which may include office equipment for students, desks and chairs, as well as any required training laptops, software, simulation programs, overhead projectors, DVD players, and audio-visual aids as well as any applicable supporting equipment.

6. SMALL ARMS MARKSMANSHIP TRAINING COURSES DATES

6.1. The below dates through September 2023 are for the C2 Shooting Center commercial range.

Note: The training dates may be adjusted based on weather, instructor and range availability or any other unforeseen issues.

6.2. FT Eustis Training Center Small Arms Marksmanship and AWS classes shall be scheduled 50 weeks a year starting 01 October 2023. No classes will be scheduled the week of Christmas and New Year’s. Saturdays will be a work day during weeks with a holiday. The Fiscal Year 2024 training dates will be provided 30 days prior to the end of Fiscal Year 2023.

7. QUALIFIED INSTRUCTORS REQUIREMENTS

7.1. The Contractor shall provide two qualified Small Arms Instructors IAW COMSCINST 3591.1. The instructors shall be qualified to instruct the Small Arms Marksmanship course upon assignment. The instructors shall have previously completing (Successfully) one of the following courses:

7.1.1. Navy Small Arms Marksmanship Instructor Course (A-041-0148). This course trains personnel to instruct pistols, rifles, and shotguns; trains personnel to be RSO.

7.1.2. The Federal Law Enforcement Training Center Small Arms Instructor Course.

7.1.3. DoD-equivalent Small Arms Course.

7.1.4. Non-DoD. Any other Small Arms equivalencies approved by OPNAV ashore readiness Division (OPNAV N46) after Center for Security Forces (CENSECFOR) review of the course of instruction.

7.1.5. Contractor must show proof of qualification.

7.2. Instructors will be required and must be capable of presenting/teaching the approved curriculum in the classroom, serve as line coaches during dry firing or live fire exercises and serve as the Range Safety Officer.

7.3. Instructors will be required to assist with Ships Reaction Force (SRF) Training. Training shall be provided by MSC.

7.4. Additional Instructor qualifications:

7.4.1. The instructors must never have been convicted of a felony or any crime of domestic violence.

7.4.2. Each instructor will be required to sign and attest to the above statements are true.

7.4.3. Additionally, the instructors must meet, or be eligible to meet, the following requirements:

7.4.3.1. DoD Form 2760 Qualification to Possess Firearms and Ammunition.

7.4.3.2. MSC Supplemental Form to DoD 2760.

7.4.3.3. Medical restriction IAW COMSCINST 3591.1 Series.

7.4.4. Instructors must be able to qualify in all weapons listed below IAW MSC Small Arms Qualification Course as per COMSCINST 3591.1 within 30 days of date of hire.

7.4.4.1. Berretta M9 Pistol

7.4.4.2. Sig Saur M18 Pistol

7.4.4.3. M-14 Rifle

7.4.4.4. 12ga Riot Shotgun

7.4.4.5. M-4 Rifle

7.4.5. Instructors must requalify in the above weapons every 6 months.

7.4.5.1. Government may remove any weapon from the weapon qualification requirement as it see fit.

7.4.6. Instructor must complete required JQRs within 30 days of hire and as required IAW in COMSCINST 3591.1.

7.4.7. Government has right of refusal for any instructor if they do not feel instructor is qualified.

7.4.7.1. Contractor must send resume, and proof of instructor qualifications prior to hiring.

7.4.7.2. Government has 5 business days to review

8. ACCEPTABLE CONTRACT PROTECT QUALITY LEVELS:

The table below shows deliverables with Acceptable Quality Levels (AQL):

9. PERIOD OF PERFORMANCE

10. CONTRACT ADMINISTRATION AND DATA

10.1. Functions and Limitations of the Contracting Officer's Representative (COR):

10.1.1. The COR will represent the Contracting Officer in the administration of technical details within the scope of this Contract and will manage inspection of all deliverables. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor's obligations, change the specifications in the Contract, or issue contract modifications. If, as a result of technical discussions, it is desirable to alter contract obligations or the Performance Work Statement, a modification must be issued in writing and signed by the Contracting Officer. The COR is responsible for reviewing all Acceptable Quality Levels (AQL) submissions by the Contractor and for informing the Contracting Officer of areas where exceptions are to be taken. The COR authority is non-delegable. The COR may be personally liable for unauthorized acts.

10.1.2. The identity of the COR will be provided to the Contractor via separate correspondence on an official COR appointment letter so as not to unduly require excessive contract modifications should CORs be reassigned during the normal course of the performance of his/her duties during the life of the Contract.

11. AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

11.1. Except as specified in paragraph 11.2 below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this Contract shall constitute a change under the Changes clause of this Contract.

11.2. The Contractor shall not comply with any order, direction, or request by Government personnel unless it is issued in writing and signed by the Contracting Officer.

11.3. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this Contract and notwithstanding provisions contained elsewhere in this Contract, said authority remains solely the Contracting Officer. In the event the Contractor effects any change in the direction of any person other than the Contracting Officer, the change will be considered to have been made without authorization. Therefore, no adjustments will be made in the Contract price to cover any increase incurred as a result thereof. Any MSC Warranted Contracting Officer within his/her warrant can act in the administration of this Contract. The identity thereof shall be made known to the Contractor via separate correspondence so as not to unduly require excessive contract modifications should Warranted Contracting Officers be reassigned during the normal seminar of the performance of his/her duties during the life of the Contract.

12. INITIAL MEETING

12.1. An initial Contract meeting will be held within fifteen (15) business days after award.

12.2. The Contractor, the COR, and the KO shall arrange a mutually agreeable time and place to meet in person or virtually via a teleconference or phone conference to discuss the work requirements and details.

12.3. The Contractor shall create a set of meeting minutes to be signed by both the COR and the Contractor's POC, summarizing all information discussed during the initial meeting. The meeting minutes shall be provided to the COR within three (3) business days upon completion of the initial meeting.

Labor Two SAMI Instructors

FFP

CLIN 0001

FOB: Destination

PURCHASE REQUEST NUMBER: 1301053781

U014

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2024

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

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, in its sole discretion, 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. Quoters shall utilize the pricing spreadsheet attached to the solicitation.

2. Total Firm Fixed price, including subtotals for labor, material, and travel

3. Any Discount Terms

4. Estimated time of delivery

5. Technical Submission Requirements

a. The quote shall contain all pre-award submission/certification requirements as defined in the Performance Work Statement (PWS).

6. Responses to the solicitation are due by Thursday, 23 February 2023 at 1:00pm local time (Norfolk, VA). Quotes shall be e-mailed to briana.k.veil.civ@us.navy.mil AND alexandra.p.hiser.civ@us.navy.mil. To be considered timely, an e-mailed quote must be received in its entirety in the designated e-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

7. Questions regarding this RFQ shall be submitted in writing by Friday, 17 February 2023 at 1:00pm local time (Norfolk, VA) via e-mail to Briana Veil at briana.k.veil.civ@us.navy.mil AND Alexandra Hiser at alexandra.p.hiser.civ@us.navy.mil.

Primary Point of Contact: Ms. Briana Veil briana.k.veil.civ@us.navy.mil

Secondary Point of Contact: Ms. Alexandra Hiser alexandra.p.hiser.civ@us.navy.mil

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

8. Basis for Award: Award will be made using Lowest Price, Technically Acceptable (LPTA) methodology. Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the combined synopsis/solicitation, offers the lowest evaluated price.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

(ii) price;

(ii) past performance;

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

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers (if applicable), 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 Contractor Performance Assessment Report System (CPARS), formerly known as Past Performance Information Retrieval System (PPIRS) for past performance evaluations as a basis for anticipating acceptable/unacceptable performance on this required effort. To be considered acceptable for past performance, a search of the CPARS must reveal no negative past performance information for records that are considered recent and relevant. 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 solicitation. 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 PWS. “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 PWS. The quoter may submit subcontracts or commercial contract if there are no recent or relevant CPARS records. At the quoter’s discretion, additional past performance information may be submitted with their quote as a supplement to CPARS. If furnished, this submission will be evaluated in accordance with the procedures described above. If no recent or relevant contracts are available in CPARS 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.”

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

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

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 (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

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

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

"Veteran-owned small business concern" means a small business concern--

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

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its…