RFP N3220524R4017.pdf

N3220524R4017

Section SF 1449 - CONTINUATION SHEET

CONTRACT SCOPE

Description of Requirement

1. BACKGROUND.

1.1 The Military Sealift Command (MSC) owns and operates approximately 125 ships, including steam turbine, gas turbine, and diesel engine propelled vessels. These vessels fulfill such varied missions as underway replenishment, oceanographic research, underwater rescue and recovery, undersea cable repair, humanitarian support, and dry and refrigerated cargo support.

1.2 The Contractor shall provide parts support for MSC vessels’ various pumps made by IMO Industries and Warren Pump. Currently there are at least 62 different IMO Industries and Warren Pump installations on MSC vessels. Known Kit number for each Model Pump for these Installations are included here as an Exhibit A- E. A full list of pump models is included below in Exhibits A - E. The Contractor may also be asked to supply the following (but not limited to) pump parts: couplings, casings, impellers, shafts, rotors, idler, and motors as originally supplied by IMO Industries and Warren Pumps.

1.3 MSC requires a broad range of Original Equipment Manufacturer (OEM) pump parts for refurbishment and maintenance of the existing IMO Industries and Warren Pump pumps installed aboard various MSC vessels. These pumps include the kits/parts that are listed in the attached Exhibit A – E. Pump parts may include, but are not limited to, major and minor overhaul kits (reflected in Exhibits A through E), and the contents of these kits sold individually. Parts other than those found in Exhibits A through E, may be ordered under this contract vehicle.

1.4 The Contractor may also be called upon to supply new pumps for new, or modified, installations on the vessels. The Contractor would be required to supply design recommendations and requirements for new and existing projects.

1.5 All parts ordered under this contract shall be OEM parts.

2. SCOPE.

2.1 Through issuance of a delivery or task order, the Contractor shall provide IMO Industries and/or Warren Pump OEM part support on a worldwide basis, for MSC Ships and any other Government owned or Government chartered ships designated by MSC or FLC.

2.2 Ordering Authority: A duly warranted contracting officer at MSC or a Naval Supply Systems Command (NAVSUP) Fleet Logistics Center (FLC) (subject to Memorandum of Agreement originally dated 24 June 20) may issue orders from this IDIQ.

2.3 OEM Products. COMSC Instruction 4490.1, Original Equipment Manufacturers and Non-Original

Equipment Manufacturers Use Policy and associated Safety Management System Procedure 10.6-002- ALL, Identification of Critical Equipment dictates the use of OEM parts and OEM-authorized technical representatives for parts and service on critical equipment.

2.4 Kits List. See Exhibit A – E for a complete list of the required Kits/Parts.

2.5 Parts List. No services outside of manufacturing parts or components for existing installations.

Contractor is to provide individual quantities of parts that are included in the Pump Parts Kits List detailed in Paragraph 2.3, including but not limited to Mechanical Seals, O-Rings, Gaskets, Bearings, Wear Rings both Standard Sized and Undersized, Impellers and shaft sleeves. Additionally, Contractor is to provide individual quantities of pump parts not included in Pump Parts Kits List detailed in Paragraph 2.3 to include but not limited to the following: entire Pump with internals, Pump Casings, Couplings, Motors, shafts, Rotors and Idlers. The Contractor is expected to supply these components complete and ready for service. Parts are to be as originally supplied by IMO Industries and Warren Pumps.

2.6 Repair Parts and Tools. The Contractor is to furnish new OEM repair parts and tools for the components identified in Section 2.3-2.5 above. These items are to be from the OEM factory or be of "equivalent construction quality". The Contractor shall provide documentation of "equivalent construction quality" to include type/grade of materials, strengths, dimensional tolerances, certification of the OEM’s acceptance of equivalence, etc. The MSCREP shall provide concurrence when proper documentation has been submitted.

2.7 Parts Obsolescence. The Contractor shall identify parts which are nearing obsolescence and/or are no longer supported. The Contractor shall provide drawings and part numbers for items that are no longer available due to being discontinued. The Contractor shall provide lead time and prices for manufacturing parts that have been discontinued, and shall fabricate these parts as per OEM drawings and specifications or find a suitable replacement for MSC review and acceptance. The Contractor shall immediately notify the MSC N10 Contracting Officer via email within ten days if a part/kit obsolescence situation arises.

2.8 Life Cycle: The Contractor shall provide a life extension plan for the modernization and support of any equipment for which parts are being discontinued. The Contractor shall make every effort to identify modifications, upgrades, or suitable equivalent parts for future modifications, alterations, and upgrades.

3. ORDERING PERIOD.

3.1 This contract consists of a five (5) year ordering period. Exhibits A through E correspond with part pricing validity for specified lengths within this five (5) year ordering period. Part delivery lead time will be negotiated and agreed upon on a delivery order (DO) basis for parts not pre-negotiated under Exhibits A through E.

4. DELIVERY LOCATION.

4.1 Required delivery locations will be provided on a per DO basis. All parts will be FOB destination in accordance with block 11 of the SF 1449.

5. CONTRACT TYPE.

5.1 This will be a single award, Firm-Fixed Price (FFP) Indefinite-Delivery, Indefinite Quantity (IDIQ) contract with subsequent FFP DO’s. Under this type of contract, deliveries will be scheduled by the Government placing DO’s with the contractor. Electronic mail is an acceptable form of transmission for all DO’s, modifications, and correspondence issued under this contract. DO’s may be issued orally; however, orally issued orders will be followed up with a written DO.

6. AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

6.1 No order, statement, or conduct of Government personnel shall constitute a change under the Changes clause of this contract, unless authorized by a Contracting Officer.

6.2 The Contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this order.

6.3 The Contracting Officer is the only person authorized to approve changes in any of the requirement of this Contract (and subsequent DO’s) and notwithstanding provisions contained elsewhere in this Contract, said authority remains solely the Contracting Officer’s. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase incurred as a result thereof. The address and telephone number of the Contracting Officer is: A TBD Warranted N10 Contracting Officer.

7. PROCEDURES FOR DELIVERY ORDERS

7.1 After Contract award, individual DO’s will be issued as necessary to support contract requirements.

7.2 The following procedures will apply with respect to requesting and receiving proposals and awarding DO’s:

7.2.1 Exhibits A through E contain pre-negotiated pricing and delivery terms for a select group of parts. Delivery Orders (DO) may be issued without first issuing a Request for Delivery Order Proposal (RDOP) if the requirement is exclusively for parts and delivery locations identified in these exhibits.

7.2.2 In the event that a requirement does not exclusively contain pre-negotiated parts, the

Contract holder will be notified of the requirements either in writing through issuance of a Request for DO Proposal (RDOP) or orally.

7.2.2.1 Proposal submission may not exceed the part prices provided in the base contract, if found in Exhibits A through E, and any subsequent modifications.

However, at the Contractor’s discretion, prices provided may be lower than the prices established on the base contract and any subsequent modifications.

7.2.2.2 All parts not pre-negotiated will be found fair and reasonable by the contracting officer at the individual order level.

7.2.2.3 For parts not pre-negotiated, the proposal price submission shall be broken down by the following:

7.2.2.3.1 Individual part by part number and description, unit price, total price when factoring in part quantity, delivery lead time, shipping original location, and shipping weight.

7.2.2.3.2 Shipping costs for all parts ordered including shipping quotes justifying the price quoted.

7.2.2.3.3 All kit orders shall be shipped individually based on the respective CLIN. The contractor will not combine kits into a single shipping package. All kits need to be shipped individually for receiving and tracking purposes.

7.2.2.3.4 All kits shall be supplied with a packaging slip identifying all of the individual parts that makeup the kits.

7.2.2.4 The proposal submission shall comply with any additional instructions stated in the RDOP.

7.3 MSC Contracting personnel will notify the Contractor(s) of the acceptance/rejection of the estimate.

The Contractor will be directed to commence work via a DO sent from the Contracting Officer or Contract Specialist.

7.4 Delayed Orders:

7.4.1 The government prioritizes timeliness in delivery orders, as these critical parts are a crucial part of the ship maintenance and availability schedules. Any delay past the contractual required delivery dates are costly and burdensome to the government.

Contractor should make every effort to provide accurate delivery schedules for each delivery order in order for the government to accurately schedule maintenance and availability for the ships.

7.4.2 In the event of delayed or defaulted delivery on a delivery order, Contractor must notify the contracting officer within 10 days of a known delay or delivery issue.

7.4.3 Government may, at its discretion, allow for a 30 day grace period for a delivery delay.

This decision may only be authorized by the contracting officer.

7.4.4 Once the 30 day grace period has elapsed, the contracting officer may, at their discretion, assess Liquidated Damages IAW with FAR 52.211-11.

7.4.5 In no event may Contractor slow or withhold delivery due to any disagreement or dispute with the Government. Any claim or effort to tie delivery to perceived or actual problems within any order, or delaying/withholding delivery of one order by reason of perceived or actual problems within another order, will subject Contractor to termination for cause proceedings.

7.4.6 Required Performance Metrics:

Task or Deliverable

Metric Type

Performance Standard

Performance Indicator

Surveillance Method

Incentive (Negative)

Provide shipment of Kits/Parts to Government destination

Timeliness and Quality

Perform all requirements in accordance with the Performance Work Statement, Statement of work, or RFQ.

100% of the shipment is completed in accordance with the Delivery Order RFQ and award.

COR Tracking / Customer Complaints.

A Contract Discrepancy Report (CDR) will be utilized by the COR, at their discretion, if deficiencies arise.

CPARS Evaluation less than Satisfactory for non-conforming

TO/DO.

Nonconforming work shall be negotiated

IAW FAR 52.212-4.

FAR 52.211-11

Liquidated Damages may be assessed at the KO’s discretion

CTIP Compliance IAW FAR 52.222-50 Contractor Requirements**

Inspection by the COR 100% compliance Random Inspection Non-Compliance will be immediately reported to the contracting officer (see DFARS PGI 222.1703)

Compliance with Whistleblower Clause DFARS 252.203-7002

Contractor shall comply with all requirements listed in the Whistleblower clauses

100% of the time inform employees in writing of contractor employee whistleblower rights and protections under 10 USC 2409. 100% of the time the contractor shall include the

COR Verification Non-conformance will be documented in

CPARS

Positive CPARS substance of the clause in all subcontracts.

**The contractor shall-

(1) Notify its employees of

(i) The U.S. Government’s Zero Tolerance policy.

(ii) Actions that will be taken against employees for violations of this policy.

(2) Take appropriate actions.

(3) Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer via email that-

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either-

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions

8. INVOICE REQUIREMENTS

8.1 The Contractor shall utilize Wide Area Workflow (WAWF) when submitting invoices.

9. CONTRACTING OFFICER REPRESENTATIVE (COR)

9.1 A COR will be appointed to surveil and monitor this award to ensure contract completion and customer satisfaction. Various COR tracking methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP if needed. Regardless of the surveillance method, the COR shall always contact the contractor's task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the Contracting Officer, shall be responsible for monitoring the contractor’s performance in meeting specific, mutually understood, performance standard/AQL.

9.1.1 Periodic Inspection. Uses a comprehensive evaluation of selected outputs. Periodic inspections of deliverables (Survey reports, Certificates and Engineering approval letters) will be conducted by the COR, as deemed necessary.

9.1.2 Validated User/Customer Complaints. Relies on the user of the service to identify deficiencies. Complaints are then investigated and validated. Highly applicable to services provided in quantity and where quality is highly subjective. Positive and negative feedback from Port Engineers and Technical N72 personnel will be documented, analyzed, and reported in CPARS, as deemed necessary.

9.1.3 100% Inspection. Evaluates all outputs. Most applicable to small quantity, but highly important services. May be used where there are written deliverables and stringent requirements such as tasks required by law, safety, or security. 100% inspection of invoices submitted by the contractor will be validated to be in accordance with the fee schedule agreed on the contract.

9.1.4 Random Sampling. Designed to evaluate the outputs of the award requirement by randomly selecting and inspecting a statistically significant sample. Most used for large quantity repetitive activities with objective and measurable quality attributes. Random sampling of deliverables (Survey reports, Certificates and Engineering approval letters) will be conducted by the COR, as deemed necessary.

9.1.5 Progress or status meetings. Progress meetings will be conducted semi-annually (every 6 months), in order to discuss any issues.

9.1.6 Surveillance results may be used as the basis for actions (to include payment deductions) against the contractor.

9.1.7 In the case of performance issues, such issues may be documented on a Contract Discrepancy Report (CDR – Attachment 1) by either the COR or the Contracting Officer.

The purpose of the CDR is to notify the contractor of a performance issue and seek remedy.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 20,371,007.61 Each Warren and IMO Pump Kits Parts

FFP

Through the issuance of task and delivery orders, the contractor shall provide a broad range of pump parts and part support in accordance with the scope of work, Exhibits A through E, and individual task and delivery order requirements.

Parts shall be provided at prices not to exceed those prices found in contract Exhibits A through E. However, at the contractor's discretion, parts may be provided at prices lower than those listed in these Exhibits. Exhibits A through E are not an exhaustive list of parts that may be ordered under this contract. Other parts required to maintain these pumps may be negotiated through each delivery order.

The ordering period is a five (5) year ordering period beginning within one (1) day of contract award.

The delivery location and/or place of performance will be provided in each delivery or task order.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 1301124901

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 29-AUG-2024 TO

28-AUG-2029

N/A N/A FOB: Destination

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$3,500.00 $20,371,007.61

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$2,500.00 $10,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.247-34 F.O.B. Destination NOV 1991 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 252.203-7003 Agency Office of the Inspector General AUG 2019 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

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.209-7010 Critical Safety Items AUG 2011 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JAN 2023

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

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7000 Buy American--Balance Of Payments Program Certificate FEB 2024 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings JAN 2023 252.225-7021 Trade Agreements--Basic FEB 2024 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

FEB 2024

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

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

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.

Responses to the solicitation are due 29 July 2024 at 4:00 PM (EST). Proposals must be submitted to the solicitation on SAM.gov. To be considered timely, a quote must be received in its entirety in the designated solicitation inbox by the due date and time for quote submission. Proposals received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your proposal.

Questions regarding this solicitation may be sent via email to the following recipients only: Tim Lewis (timothy.lewis60.civ@us.navy.mil) and Andrew MacDonald (andrew.p.macdonald2.civ@us.navy.mil).

Due to the nature of this requirement and in accordance with FAR 15.002(a), the Request for Proposal for this requirement will be tailored to remove unnecessary information and requirements such as evaluation criteria and voluminous proposal preparation instructions. Due to the sole-source nature of the requirement, no technical evaluation will be conducted and no tradeoffs will be contemplated amongst price and non-price evaluations factors.

In addition, a past performance evaluation will not be applicable to this requirement in accordance with FAR 15.304(c)(3)(iii), as the KO has determined that past performance need not be evaluated as it is not an appropriate evaluation factor for the acquisition, due to the statutory authority located at FAR 15.304(c)(3)(iii). Award will be made to Circor Naval Solutions, LLC if their price is determined to be fair and reasonable and the company submits a proposal that is compliant with the requirements set forth in the solicitation.

Your proposal shall contain the following information below:

Section 1 – Introduction The offeror shall provide introductory information concerning their company (or other business entity), and will not be a factor in the award decision. Specifically the offeror shall provide the following:

• Company Name

• Degree, duration and capacity of any Sub-Contracting Agreements.

• Location and summary description of facilities; and, Section 2-Price and Solicitation Documents Volume Requirements

• Price Quote. The Offeror’s price quote shall contain the following:

The Government requires the offeror to provide the following no later than the date/time identified in box 8 of this solicitation:

1. Signed offer to include the 1449 solicitation and any subsequenet amendmetns to the solicitation.

2. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all supplies upon which prices are offered.

3. The names, titles, email addresses, and telephone numbers of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this Contract.

4. Company information including name, address, SAM UEI, CAGE code, and TAX ID.

5. Price related information: Completed Attachment 1.

a. Fill in the pricing table (Exhibit A-E) with the individual part/kit unit prices.

b. Sum the total of all parts listed within Exhibit A-E on CLIN 0001.

c. Provide a cost breakdown of all parts that are included in each kit. Please utilize exhibit “F” to provide the requested parts cost breakdown, if they are unable to provide other than certified pricing data specified below (section 8 paragraph 2), to support pricing for each kit.

6. Verification of compliance with FAR and DFARS Part 25 terms and conditions. Includes submission of the place of manufacture for each part in the requirements schedule.

7. The following completed representations and certifications:

a. 52.204-24, “Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment.”

b. 52.209-7, “Information Regarding Responsibility Matters.”

c. 52.212-3, “Offeror Representations and Certifications—Commercial Products and Commercial

Services, and Alternate I”

d. 52.225-18, “Place of Manufacture.”

e. 52.229-11, “Tax on Certain Foreign Procurements—Notice and Representation.”

f. 252.204-7016, “Covered Defense Telecommunications Equipment or Services—Representation.”

g. 252.204-7017, “Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation.”

h. 252.247-7022, “Representation of Extent of Transportation of Supplies By Sea”

8. Completed Small Business Subcontracting Plan in accordance with 52.219-9 Alternate II, and 252.219- 7003 (Dev).

9. The Contractor is required to provide prices for Pump Parts Kit listed in Exhibit A - E. No changes to this list or the contents of the kits can be made without the permission of the Contracting Officer, as all Offerors will be using the same list. It is understood that some kits are duplicated as they are used for different Model Numbers. Prices are still required for each separate entry as listed, it is also understood that some parts may be obsolete. If parts are unavailable, or have been replaced, notify the Contracting Officer for resolution.

The below information shall be provided in order to determine an offeror’s price, for each kit, to be fair and reasonable:

All supplemental information/other than certified pricing data to support quoted price, to include but not limited to copies of previously paid invoices, sales history for the same or similar items, price list with effective date and / or copies of catalog pages along with any applicable discounts that provide proof that you have sold the proposed parts to non-government customers. If a catalog or price list is provided, the list must be supported with sales data showing that you sold the proposed parts to non-government customers.

If the offeror is not manufacturing the parts themselves, and is getting the part from another manufacturer or parent company as a non-manufacturer, the offeror must provide data on what the part is being sold for on the commercial market by the manufacturer or provide sales data as evidence of the price that they have sold to non-government customers for, the offeror shall provide their markup rate that will be applied to the the price. If the offeror is unable to provide the sales data information requested, the offeror must provide a justification and substantiate why the price it wishes the Government to pay is fair and reasonable.

Depending on the data provided, the Contracting Officer will make a determination if the price is fair and reasonable.

10. Contractor shall confirm compliance with the requirements of FAR part 52.219-8 for government contracts.

11. Exceptions: If applicable, the Offeror shall clearly detail any exceptions taken and the rationale for the exceptions taken to the RFP or its amendments. Please note that exceptions taken to the RFP may render the Offeror’s quote unacceptable to the Government.

12. Financial Responsibility: The Offeror must have and confirm that they have the financial capability to conduct the requirements outlined in the solicitation. Accordingly, the Offeror shall furnish information necessary for the Contracting Officer to determine the financial responsibility of the Offeror if requested.

13. Restriction on Disclosure and Use of Data: Offerors who include data in their proposal they do not want disclosed to the public, or to be used by the Government for evaluation purposes only, shall mark such data in accordance with FAR 52.215-1. Such data shall be specifically identified by page(s), paragraph(s), sentence(s), and must not be generalized.

14. Proposal Security Classification and Distribution: The classification of this proposal shall be UNCLASSIFIED. The originals and all copies of the Signed Solicitation Documents and proposal documents shall be sent via email to Tim Lewis (timothy.lewis60.civ@us.navy.mil) and Andrew MacDonald (andrew.p.macdonald2.civ@us.navy.mil).

15. With respect to FAR 52.212-1(c), unless offeror inserts a shorter period by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

52.212-2 (ADDENDUM) EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

Any inconsistency between FAR Provision 52.212-2 and the Addendum to FAR 52.212-2 shall be solved by giving precedence to the Addendum to FAR 52.212-2.

a) The Government will award a single award IDIQ with Firm-Fixed Priced (FFP) Delivery Orders contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation that will be most advantageous to the Government, price and other terms considered. The Government reserves the right to set the ceiling for awarded IDIQ contract. The following factors shall be used to evaluate offers:

Factor 1: Price

Factor 1 - Price: The Government will award a contract to the offeror who provides a fair and reasonable price.

Price analysis techniques will be used to determine the reasonableness of the proposed price to the Government in accordance with FAR 15.404-1 and DFARS 215.404-1.

(b) 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.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $320 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

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…