N3220523Q0076_A0001_CSS.pdf
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- N4 NEW ACQUISITION SUPPORT Federal contract opportunity
- Solicitation number
- N3220523Q0076
About this file
This is a combined synopsis/solicitation from the Department of the Navy Military Sealift Command seeking contractor support services for new ship acquisition logistics. The contractor will provide support to MSC N4 New Ships Acquisition Directorate in identifying, tracking, and confirming logistics requirements for new classes of ships awarded including T-AO 205, T-AGS-60, T-ATS, and T-ARC ships. The period of performance is from April 24 to December 19, 2023. Quotes are due by April 10, 2022 and must include pricing for the base period, any applicable discounts, estimated delivery time, and evidence of experience and capability to perform the requirements defined in the performance work statement. The award will be a firm-fixed-price purchase order to the responsible source submitting the lowest-priced technically acceptable quote.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| N3320523Q0076 Amend 0002.pdf | ||
| Q and A Responses.docx | DOCX document | |
| A004 2.5 Provisioning Review CDRL.pdf | ||
| A005 2.6 Configuration Drawing Review CDRL.pdf | ||
| A001 2.2 Monthly Status Reports CDRL.pdf | ||
| A002 2.3 DRL Review CDRL.pdf | ||
| A006 2.7 Configuration Technical Manual Review CDRL.pdf | ||
| New Acquisition QASP.pdf | ||
| N3320523Q0076_CSS.pdf | ||
| A003 2.4, 2.4.1, 2.4.2 ILS Package Review CDRL.pdf | ||
| New Ships DD254Signed.pdf |
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MILITARY SEALIFT COMMAND
N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE
COMBINED SYNOPSIS/SOLICITATION
Military Sealift Command Combined Synopsis and Solicitation Notice Information
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart
12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
2. Solicitation number is N3220523Q0076 and is being issued as a Request for Quotes (RFQ).
3. The solicitation document and incorporated provisions and clauses are those in effect through:
a. Federal Acquisition Circular (FAC) 2023-01, effective 12/30/2022, located on https://www.acquisition.gov/browse/index/far
b. DFARS Publication Notice 20230131, effective 1/31/2023 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/
4. The associated NAICS code is 541614 Process, Physical Distribution, and Logistics Consulting Services and the associated PSC code is R706 Support- Management: Logistics Support: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.
is not being set-aside for small businesses.
is being set-aside for Small Business.
5. The section below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable option
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Activity
Unit
N4 New Acquisition Support
FFP
Provide New Acquisition Support in accordance with Performance Work
Statement (PWS).
FOB: Destination
NET AMT
https://www.acquisition.gov/browse/index/far
N3220523Q0076
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 24-APR-2023 TO
19-DEC-2023
N/A N/A
FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
6. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. No commercial financing.
PERFORMANCE WORK STATEMENT
N4 New Acquisition Support.
1. GENERAL: This is a non-personnel services contract to provide Worldwide Logistics support. The
Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Logistics support as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
1.2 Background. The U.S. Navy's Military Sealift Command (MSC) is the premier provider of ocean transportation to the Department of Defense. The Command operates approximately 125 non-combatant, civilian-crewed ships that replenish U.S. Navy ships, conduct specialized missions, and strategically preposition combat cargo at sea around the world and move military cargo and supplies used by deployed U.S. forces and coalition partners. The MSC logistics organization has an integrated Headquarters presence in Norfolk, VA. MSC has five area commands, each headed by a U.S. Navy captain, covering the Atlantic, Pacific, Europe, Middle East and Far East areas of responsibility.
MSC's area commanders are the primary points of contact for MSC customers and numbered fleet commanders in their respective areas and are the personal representatives of the MSC commander. The area commands also are the
MSC commander's direct links to MSC assets, providing maintenance oversight, logistics coordination and other needed services.
The mission of the Logistics Directorate (N4) is to provide logistics support for the MSC force necessary to achieve assigned missions. The Directorate provides worldwide support services in the functional areas of fleet logistics operations, acquisition logistics, sustainment logistics, logistics systems and CMLS management, Combat Logistics Force (CLF) load management, ordnance management, and supply chain management.
MSC may be tasked with additional missions as directed by US Fleet Forces and/or United States
Transportation Command (USTRANSCOM). In executing assigned missions, the N4 Director is responsible for policy, processes, procedures, systems and performance measures. Additionally, the N4 Director is the
Competency Manager for the MSC logistics military/civilian workforce. In this capacity, the Director is responsible for staff capacity/balancing, professional development, performance evaluation/recognition, personnel actions, and accession planning.
1.3 Objective. The purpose of this contract is to obtain logistics services under a single award contract to support MSC’s New Ships Acquisition Program.
The contractor shall utilize government-owned automated logistics systems to provide required support. The government will provide computer equipment and access to these systems including Government Programs of
Records such as Corrective Maintenance Logistics System (CMLS) and Material and Equipment Real-time
Logistics Information Network (MERLIN). Telephone and internet access at contractor facilities will not be reimbursed by the Government.
The contractor shall be capable of transferring large data files from field sites to database server site and from database server site to MSC offices.
The terms “MSC” and “Government” will be used interchangeably within this document to refer to the United
States Navy, MSC. The terms “contractor” and “service provider” will also be used interchangeably within this document to refer to the commercial organization providing contract services to MSC.
The contractor shall use MSC Quality Management System (QMS) procedures and commercial best practices to provide the logistics support services listed below.
The contractor shall manage all records in accordance with federal regulations as well as DoD and DoN policies, including but not limited to, 44 U.S.C. Section 3301 and SECNAV M-5210.1(series). All tools, processes, and procedures developed in support of this contract are the physical and intellectual property of the Government
1.4 Scope. The contractor shall have the capabilities and the requisite skills to perform all tasks contemplated under this contract. This task will provide contractor support to MSC N4 New Ships
Acquisition Directorate in identifying, conducting, tracking and confirming that all related logistics support requirements are available and provided to properly support all new classes of ships as each are awarded, constructed, delivered and enter their operational and sustainment life cycle phase. The contractor will support N4 in monitoring and interfacing with Naval Sea Systems Command, Program Executive Office
(PEO) who will manage these shipbuilding contracts in support of future delivery to MSC.
The Contractor shall support the following classes of ships: T-AO 205, T-AGS-60, T- ATS and T-ARC.
The additional classes of ships listed in paragraph 1.4 are for informational purposes, but may added to the scope of this PWS at a later date by contract modification.
PEO Ships PMS 385 has a contract with AUSTAL USA, Mobile, AL for the construction of the
Expeditionary Fast Transport (EPF) Class ships. The EPF Class is a next generation high-speed multi-use platform catamaran, and a new class of ships, which are part of the Maritime Prepositioning Force Future
(MPF(F)). The EPF will carry 700 short tons, 1,200 nautical miles at an average speed of 35 knots (65 km/h) and unload roll-on/roll-off discharge facilities.
PEO Ships PMS 385 also has a contract with General Dynamics NASSCO, San Diego, CA for the construction of Mobile Landing Platform (MLP)-Afloat Forward Staging Base (AFSB) Class ships. The
MLP-AFSB is a new class of ships, which are part of the Maritime Prepositioning Force Future (MPF (F)).
The Expeditionary Transport Dock (ESD) class (formally MLP Hulls 1 and 2) and their next generation sisters, the Expeditionary Support Bases (ESBs), support the critical mission requirement to launch and recover surface assault craft and aircraft loaded with vehicles, cargo and combat personnel.
PEO Ships PMS 325 has a contract with General Dynamics NASSCO, San Diego, CA for the construction of eight Fleet Auxiliary Oilers T-AO 205 Class ships. The T-AO 205 is a new age of AO(s) intended to replace the aging T-AO 187 Class Oilers.
PEO Ships PMS 325 has a contract with VT Halter Marine, Pascagoula, MS for the construction of one T-
AGS-66 Class ship. The T-AGS-67 is an additional T-AGS-66 class ship intended to replace the T-AGS 51 class ships, but with a larger Moon Pool than the T-AGS 66 class ships to support enhanced operations.
PMS 325 has a contract with Bollinger Shipyards, Houma, LA and Austal USA, Mobile, AL for the construction of eight new Towing, Salvage and Rescue ships (T-ATS), which will be programmed to replace the aging T-ATF 166 and T-ARS-50 Class ships.
PMS 325 is developing the specification and Capabilities Development Documentation for the replacement
Ocean Surveillance Ship (T-AGOS). The vessels will replace the aging T-AGOS51 class ships and will have similar capability.
PMS 325 is developing the specification and Capabilities Development Documentation for the replacement
Auxiliary Submarine Tender (AS). The vessels will replace the existing AS class ships and will have similar capability.
PMS 325 is developing the specification and Capabilities Development Documentation for the replacement
Cable Repair Ship (T-ARC). The vessel will replace the aging USNS Zeus and will have similar capabilities.
Numbers of ships delivered may be added or deleted depending on Congressional funding and approval.
The place of performance shall include but is not limited to government facilities, contractor’s facilities and
Ships Construction Yards in San Diego, CA; Mobile, AL and Pascagoula, MS, Houma, LA, and other locations to be determined based on Shipyard Contract Awards.
1.5 Period of Performance: The period of performance (PoP)shall be for one (1) Base Period of 10 months.
The Period of Performance reads as follows:
PoP 24 APR to 19 DEC 2023
1.6 Place of Performance: The contractor shall provide both planned/continuous and emergent work to support execution of assigned missions, functions, and tasks detailed in this contract. MSC requires onsite contractor support in the Norfolk, VA area, with temporary work in San Diego, CA; Houma, LA, and
Pascagoula, MS. Contractors will be required to travel to commercial shipyards and Government Bases and sites in support of current and future requirements of this PWS.
2. Specific Tasks, New Ships Acquisition Logistics Support: The Contractor shall support the following classes of ships; T-AO 205, T-AGS-60, T- ATS and T-ARC. Additional classes may be added at a later date by contract modification.
2.1. The Contractor shall coordinate with the MSC Subject Matter Expert (SME) for emergent/changes in the priority of work to ensure the requisite timeliness of the deliverables are met due to MSC, NAVSEA and shipyard schedule changes. priority and exigence of work shall be coordinated between the
Government and Contractor Project Manager/Team Leader to ensure the requisite timeliness of the deliverables.
2.2. Monthly Status Reports. The contractor shall generate a Monthly Status Report outlining all specific services and tasks accomplished throughout each month and through completion. The report must provide detailed verbiage and metrics for all services in progress (on schedule or behind schedule), and tasks completed. This report can be consolidated with other projects in the task order, for one single monthly report.
2.3. DRL Review: The contractor shall review data submittals provided in NAVSEA databases for completeness, accuracy, alignment with requirements, and draft review comments to MSC N4 for incorporation with consolidated comments being submitted back to NAVSEA.
2.4 ILS Package Review:
2.4.1 The contractor shall review new and existing provisioning submittals provided in NAVSEA and MSC databases for all new construction ship classes against available technical documentation, and provide review comments to MSC N4 for incorporation with consolidated comments being submitted back to NAVSEA.
2.4.2 The contractor shall generate Feedback as required to document discrepancies discovered during review of existing approved provisioning.
2.5 Provisioning Review: The contractor shall review new and existing provisioning submittals for accuracy.
Assess provisioning accuracy from Parts Lists and Technical Manuals in support of the Original Equipment
Manufacturer’s maintenance and spare parts recommendations. Develop any new RICs or Feedback as appropriate to resolve missing provisioning support. The contractor shall develop and track all associated feedbacks necessary through completion to ensure the new configuration item is properly applied to the fleet.
2.6 Configuration Drawing Review: The contractor shall review technical drawings against configuration baselines to ensure that all items contained in the configuration of a specified system are on the drawings and the items on the drawings are contained in the configuration including Valve Marks and Electric Symbol
Number (VM-ESN). Systems are a series of pipes, wires or other connections between configurations worthy items that allow the items to work together from system origin to system termination. Provide report of all discrepancies identified including all recommended corrective actions.
2.7 Configuration Technical Manual Review: The contractor shall review Technical Manuals against the installed equipment information, to ensure the proper technical support is provided by the shipbuilder and OEM. In addition, review the Logistics Support information of all Technical Manuals submitted by the shipbuilder as part of the MSC review team. Provide report of all discrepancies identified including all recommended actions.
3. Deliverables:
Task Deliverable Due Date Format Recipient
2.2 Monthly
Status Report Monthly Status Report
Workload: 12/yr
Second Monday of the month. Allow 3 business days for Government review before Monthly meeting
MS Office COR and
SME
2.3 DRL Review
DRL Review:
Comments and recommended edits to MSC
N4 for incorporation prior to consolidated comments submitted to NAVSEA.
Workload: Approximately
100 Deliverable
Requirement List (DRL) packages per month
NLT 3 working days prior to Deliverable
Requirement List (DRL) due date MS Office Product
COR and
SME
2.4, 2.4.1
2.4.2
ILS Package
Review
ILS Package Review:
(1) Comments and recommended edits to MSC
N4 for incorporation prior to consolidated comments submitted to NAVSEA. -
(2) Generate Feedback as required to document provisioning discrepancies discovered during review.
Workload: Approximately
6 New and 6 Legacy packages per quarter per ship.
(1) & (2) NLT 3 working days prior to Deliverable
Requirement List (DRL) due
MS Office Product
COR and
SME
2.5 Provisioning
Review
Provisioning Review -
Workload:
Approximately 4 per month
Within 2 working days after the completion of each review
MS Office Product COR and
SME
2.6 Configuration
Drawing Review Configuration Drawing
Review: Workload:
Approximately 1 System
Drawing per month per post-delivery ship program.
Within 2 working days after the completion of each review MS Office Product COR and
SME
2.7 Configuration
Technical Manual
Review
Configuration Technical
Manual Review
Workload: Approximately
4 per month
Within 2 working days after the completion of each review
MS Office Product COR and
SME
4. Government Furnished Property
4.1 The government shall provide an NMCI laptop to contractors requiring access to Government networks and systems.
4.2 SIPR access shall be provided to onsite contractors requiring access to the classified systems.
5. Government Furnished Information:
5.1 This is a firm fixed price contract, Travel and ODC’s shall be factored into the Contractors pricing
5.2 The Government shall provide the Contractor space at the Governments location on a space available basis.
5.3 Access to the following systems will be provided as required:
• One Touch
• NAVSUP OIS information systems
• CMLS
• MERLIN
5.4 Special Qualifications: The contractor shall ensure their personnel possess and maintain all training certifications and licensees required to perform their tasks during the execution of this contract.
5.4.1 To execute this PWS successfully, the Contractors personnel should have an advanced knowledge of
Logistics and the ability to read and interpret ships schematics.
5.4.2 The Government anticipates the Contractor shall be required to perform temporary duties (TDY) in the following locations. The list below is for representational purpose only.
Ship class or action supported Anticipated location Anticipated number of trips and length required during the contract period.
T-AO General Dynamics NASSCO, San Diego, CA
1 trip lasting one week
6. General Information
6.1 Quality Control: The contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the contract. The contractor shall deliver within 30 days after contract award, three copies of a comprehensive written QCP submitted to the KO and COR and within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC system.
6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the
Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
6.3 Recognized Holidays: The contractor shall not be on-site at the government’s location on the following holidays.
New Year’s Day Labor Day
Martin Luther King Jr.’s Birthday Columbus Day
President’s Day Veteran’s Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
6.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 0700 to 1630, except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The days of the work week and work hours may differ based on locality. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
6.4.1 Contractor personnel are not authorized to conduct business in a government space when there is no government presence. In these cases, the contractor shall work from contractor defined alternate locations.
6.4.2 During emergencies or contingency operations, the contractor shall structure or surge the workforce to provide 24 hour seven days a week support to all of this contract per the terms of DFARs 252.237-7023
Continuation of Essential Contractor Services.
7. Security Requirements: Contractor personnel performing work under this contract must have at a minimum a secret security clearance at time of the proposal submission, and must maintain that level of security for the life of the contract. The security requirements are in accordance with the DD254 (Attachment 18).
7.1 Facility Access: The contractor is hereby advised that this PWS requires the Contractor to operate at various shipyards, other contractors’ facilities and Government bases where differing access and visitor security clearance and badging may be required. The Government may assist the Contractor in obtaining access/clearance, but it is ultimately the Contractors responsibility to obtain access for their employees.
7.2 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.
8. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be
Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other
Government rights.
8.1 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests
(OCI) as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the
KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the
OCI.
9. PHASE IN /PHASE OUT PERIOD: The contractor shall provide a phase-in plan within seven (7) days of contract award outlining a plan to insure full contract performance of services on the contract start date in all locations listed in this contract.
There will be a Contract Phase-Out Period commencing sixty (60) days prior to end of the contract.
The purpose of the Phase-Out Period is to ensure a smooth transition of services from the predecessor contract to the new contract.
Upon notification of the government, the contractor shall provide the services necessary to ensure a successful transition of services from it to the awardee under a subsequent contract for the same or similar requirement. No later than ninety (90) days prior to the end of the contract, the contractor shall develop, with input from the GOV, a plan of action to facilitate the transition of services to the incoming contractor with no degradation in services.
The contractor shall provide services/support in accordance with 47 CFR 52.237-3 -- Continuity of Services.
9. Acronyms
AFSB Afloat Forward Staging Base
AO Auxiliary Oilers
AS Auxiliary Submarine Tender
CLF Combat Logistics Force
CMLS Corrective Maintenance Logistics Systems
COR Contracting Officers Representative
DRL Deliverable Requirement List
EPF Expeditionary Fast Transport
ESB Expeditionary Support Bases
ETD Expeditionary Transport Dock
GOV Government (Refers to Government Personnel)
KO Contracting Officer
MERLIN Material and Equipment Real-time Logistics Information Network
MLP Mobile Landing Platform
MPF (F) Maritime Prepositioning Force Future
MSC Military Sealift Command
NAVSEA Naval Sea Systems Command
NAVSUP Naval Supply Systems Command
NMCI Navy/Marine Corps Internet
ODC Other Direct Cost
OEM Original Equipment Manufacturer
PEO Naval Sea Systems Command, Program Executive Office
PWS Performance Work Statement
QCP Quality Control Program
QMS Quality Management System
RIC Record Identification Codes
SME Subject Matter Expert (GOV technical point of contact)
T-AGOS Ocean Surveillance Ship
T-ARC Cable Repair Ship
T-ATS Towing, Salvage and Rescue ships
TDY Temporary Duty
USTRANSCOM United States Transportation Command
VM-ESN Valve Marks and Electric Symbol Number
10. References:
DD Form 254
Integrated Logistics Support (ILS) Handbook
N44.715.1.Q_MSC Configuration and Logistics Support Verification
Configuration Management Information System (CMIS) Software User Manual
Integrated Logistics Support (ILS) Handbook
QMS N045.841.1.Q Item Unique Identification (IUID) Implementation and Maintenance Guide
QMS N44.715.1Q Configuration and Provisioning Verification Process.
QMS N44.841.1Q Shipyard Availability Management Support.
NAVSUP P-538 (series)
NAVSUP P-485 Volume I
NAVSEA Technical Specification 9090-700 App B
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-7 System for Award Management OCT 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
DEC 2022
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.245-1 Government Property SEP 2021
52.245-9 Use And Charges APR 2012
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services
-- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022
252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022
252.211-7007 Reporting of Government-Furnished Property MAR 2022
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7048 Export-Controlled Items JUN 2013
252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
MAY 2022
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
DEC 2022
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.244-7000 Subcontracts for Commercial Items DEC 2022
252.245-7000 Government-Furnished Mapping, Charting, and Geodesy
Property
APR 2012
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property JAN 2021
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 (Dev) Reporting, Reutilization, and Disposal (DEVIATION 2022-
O0006)
NOV 2021
252.247-7023 Transportation of Supplies by Sea FEB 2019
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
52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS
a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.
b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.
c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and
“quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.
d. The Government will consider all quotes that are timely received and may consider late quotes.
Failure of a quote to address any items required in the submission package may make a quote unacceptable.
e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:
In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:
Responsible sources shall provide the following:
1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price.
2. Total Firm Fixed price
3. Any Discount Terms
4. Estimated time of delivery
5. Technical Submission Requirements
a. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the Performance Work Statement (PWS).
b. Quote must contain proof that the vendors have the experience and capability to provide the service detailed in the PWS Failure to provide proof will be considered non-compliant and will be deemed non-responsive.
6. Responses to the solicitation are due 10 April 2022 @ 5:00pm, Norfolk, VA time. Quotes may be e-mailed to George DelMoral, george.a.delmoral3.civ@us.navy.mil and Alvinia Jenkins, Alvinia.r.jenkins.civ@us.navy.mil . Please be sure to copy both parties with your quote. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.
7. DOD Class Deviation 2023-O0001. A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and
52.212-3(b) for the following categories:
(A) Small business;
(B) Service-disabled veteran-owned small business;
(C) Women-owned small business (WOSB) under the WOSB Program;
(D) Economically disadvantaged women-owned small business under the WOSB
Program; or
(E) Historically underutilized business zone small business.
Primary Point of Contact: George DelMoral / 757-443-5887 / george.a.delmoral3.civ@us.navy.mil
Secondary Point of Contact: Alvinia Jenkins / 757-443-5881 / Alvinia.r.jenkins.civ@us.navy.mil
The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) Basis for Award
The Government has determined that an award to the responsible Quoter that submits the Lowest-Priced, Technically Acceptable (LPTA) quote in response to this solicitation will represent the best value to the
Government. Quotes will be evaluated to determine the LPTA quote based on the following factors:
Factor 1 Price
Factor 2 Technical Capability/Approach mailto:george.a.delmoral3.civ@us.navy.mil mailto:Alvinia.r.jenkins.civ@us.navy.mil mailto:george.a.delmoral3.civ@us.navy.mil mailto:Alvinia.r.jenkins.civ@us.navy.mil
A quote must be rated "ACCEPTABLE" for each non-price factor to be eligible for award. An "UNACCEPTABLE" rating for any non-price factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall. Each of the evaluation factors will be rated as set forth below. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability.
The Government will evaluate the lowest priced quote for technical acceptability. If it is not acceptable, the
Government will evaluate the next lowest quote for technical acceptability, and so forth, to determine the lowest-priced, technically acceptable quote, at which point all evaluations will stop.
The Government reserves the right to request that the awardee reduce its total price, or adjust CLIN prices with no change to total price, in order to reduce administrative costs and avoid unnecessary burdens for the agency pursuant to FAR 13.002.
(b) Evaluation Factors
Factor 1: Price
Quotes must include a proposed price for each Contract Line Item Number (CLIN). The Government will determine prices by adding the total proposed price for all CLINS, including all options. Quotes will be ranked from lowest- to highest-priced.
Factor 2: Technical Capability
The Government will evaluate the lowest priced Quoter for acceptability of Technical Capability. If the quote is not found to be acceptable, the Government will evaluate the next lowest quote for acceptability of technical capability, and so forth, to determine the lowest-priced quote that is acceptable for Technical Capability, at which point evaluators will evaluate of the acceptability of that quoter’s Past Performance.
Technical Capability evaluations will result in one of the following ratings:
TABLE 1 - TECHNICAL RATINGS
Rating Description
Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
Minimum Requirements:
The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical
Capability factor:
1) Quote must demonstrate ability to provide acquisition support services IAW the PWS by possessing a working knowledge of ship board validations, configuration status accounting, Navy provisioning and inventory audits as per NAVSUP P485 Naval Supply Procedures and NAVSUP P723 Navy Inventory
Integrity Procedures.
PRICE
Quoters responding to this solicitation are advised that, prior to award, the government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.
QUESTIONS: Any questions in relation to this solicitation shall be submitted to George DelMoral by email at george.a.delmoral3.civ@us.navy.mil. The cut-off date for questions is 4:00 pm (local – Norfolk, VA) on 09
March 2023.
(c) Contract Award
The Government shall mail or email a written notice of award to the successful quoter. Upon receipt, the quoter shall either commence performance, or have an authorized representative sign the award and return it to the
Contracting Officer; a binding contract is formed upon the earlier of either of those actions.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022)
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…
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