N32253-21-Q-0048_Calibration and Maintenance Quantifit Tester.pdf
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SEE ADDENDUM
(No Collect Calls)
N3225321Q0048 09-Jun-2021
b. TELEPHONE NUMBER
808-473-8000 EXT-6836
8. OFFER DUE DATE/LOCAL TIME
08:00 AM 14 Jun 2021
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N322539. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LYNDON G PALOMA
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
N3225321RC90104
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
PEARL HARBOR NAVAL SHIPYARD & IMF
ATTN: LYNDON PALOMA
667 SAFEGUARD ST., STE. 100, CODE 410
JBPHH HI 96860-5033
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE N32253 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
PEARL HARBOR NAVAL SHIPYARD & IMF
SEE PERFORMANCE WORK STATEMENT
667 SAFEGUARD STREET
PEARL HARBOR HI 96860-5033
TEL: FAX:
FAX:
TEL: 808-473-8000 X-6802
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$22,000,000
NAICS:
811219
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF48
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N3225321Q0048
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
18 Job
Preventive Maintenance and Calibration
FFP
The contractor shall provide annual preventive maintenance, repair, calibration and remedial service of the eighteen (18) OHD Quantifit Respirator Test Fit machine units in accordance with current Original Equipment Manufacturer (OEM) guidelines and in accordance with the enclosed Performance Work Statement
(PWS).
FOB: Destination
PURCHASE REQUEST NUMBER: N3225321RC90104
PSC CD: J052
NET AMT
OPTION Preventive Maintenance and Calibration
FFP
The contractor shall provide annual preventive maintenance, repair, calibration and remedial service of the eighteen (18) OHD Quantifit Respirator Test Fit machine units in accordance with current Original Equipment Manufacturer (OEM)
FFP
The contractor shall provide annual preventive maintenance, repair, calibration and remedial service of the eighteen (18) OHD Quantifit Respirator Test Fit machine units in accordance with current Original Equipment Manufacturer (OEM)
FFP
The contractor shall provide annual preventive maintenance, repair, calibration and remedial service of the eighteen (18) OHD Quantifit Respirator Test Fit machine units in accordance with current Original Equipment Manufacturer (OEM)
FFP
The contractor shall provide annual preventive maintenance, repair, calibration and remedial service of the eighteen (18) OHD Quantifit Respirator Test Fit machine units in accordance with current Original Equipment Manufacturer (OEM)
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
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
1004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 16-JUN-2021 TO
15-JUN-2022
N/A PEARL HARBOR NAVAL SHIPYARD &
IMF
SEE PERFORMANCE WORK STATEMENT
667 SAFEGUARD STREET
PEARL HARBOR HI 96860-5033
N32253
1001 POP 16-JUN-2022 TO
15-JUN-2023
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 16-JUN-2023 TO
15-JUN-2024
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 16-JUN-2024 TO
15-JUN-2025
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 16-JUN-2025 TO
15-JUN-2026
N/A (SAME AS PREVIOUS LOCATION)
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
OHD Respirator Unit Calibration and Maintenance for Pearl Harbor Naval Shipyard
& Intermediate Maintenance Facility (PHNSY & IMF)
1.0 BACKGROUND
1.1 The primary mission of PHNSY & IMF is to deliver regional maintenance, at the depot and intermediate levels, to keep the surface ships and submarines of our nation's navy "Fit to Fight."
As Hawaii’s regional maintenance center, capabilities include excellence in overhauling, repairing, converting, alteration, refurbishing, and decommissioning of Navy vessels.
2.0 OBJECTIVE & SCOPE
2.1 PHNSY & IMF seeks a contractor that is authorized and qualified to perform maintenance repairs and calibration services of the eighteen (18) OHD Quantifit Respirator Test Fit machine units. The contractor shall provide annual preventive maintenance, calibration, and remedial repair. In addition, the contractor shall provide an inspection report, service report and calibration certificate for each unit serviced.
3.0 PERFORMANCE REQUIREMENTS
3.1 The contractor shall provide annual preventive maintenance, repair, calibration and remedial service of the eighteen (18) OHD Quantifit Respirator Test Fit machine units in accordance with current
Original Equipment Manufacturer (OEM) guidelines. In addition, the contractor shall provide an inspection and service report for each unit serviced. The contractor shall be responsible for insuring all services under this contract are in accordance with the terms and conditions outlined herein and conform to the specifications within this Performance Work Statement (PWS). Required turnaround time is four (4) weeks after receipt of equipment.
PERIOD OF PERFORMANCE (Actual dates will be determine at contract award.)
Base Year - 2021 – 2022
Option 1 - 2022 – 2023
Option 2 - 2023 – 2024
Option 3 - 2024 – 2025
Option 4 - 2025 – 2026
3.2 Preventive Maintenance
The contractor shall provide the following preventive maintenance services:
Reviewing each unit and the documentation of problem(s) experienced by the government.
Inspect the operating function of each unit to determine the current condition.
Disassemble and clean the unit’s exterior and interior housing.
Removing, inspecting, cleaning, replacing, repairing the following as needed.
o Scattering Chambers o Sampling System o Testing Electrical Connections o Performing Voltage Measurements o Tightening Hardware o Aligning Optics o Pump o Piston o Internal Flow Tubing and Internal Pressure Tubing o All Ports (Exhaust, Valve and Internal Connection) o All Port O-Rings/Gaskets
Clean and checking functions of all accessories sent with each unit as applicable. Repair and replace as needed.
Reassembling and conducting leak checks
Updating internal program chips to latest version (if applicable)
Updating manual and firmware to latest version (if applicable)
3.3 Remedial Repairs
Remedial repair (repairs required outside scope of annual preventive maintenance) identified during preventive maintenance shall be accomplished if completion of the repair is possible within the period of performance. The contractor is required to provide a written estimate of the cost (time, labor & materials) of the additional work to the Contracting Officer Representative (COR) prior to the commencement of work. The quote shall include the following as a minimum: number of hours required, parts and materials cost, labor cost, any additional cost and total cost. The COR shall evaluate the written estimate and provide the recommendation to the Contracting Officer (KO). The
KO is the approval authority for any remedial repairs and when approved an in-scope contract modification will be issued.
3.4 Parts
a) Preventive Maintenance Parts
Parts that are replaced during preventive maintenance service are included at no additional cost to the government. Materials used shall be new and not refurbished or reconditioned materials. All parts shall meet manufacturer specifications.
b) Remedial Repair Parts
Parts that are replaced as part of the remedial repair is to be issued on a separate purchase order, and approved by the government. Materials used shall be new and not refurbished or reconditioned materials. All parts shall meet manufacturer specifications.
3.5 Calibration
a) The contractor shall calibrate the equipment to National Institute of Standards and Technology
(NIST) standards.
b) Equipment which falls out of calibration specifications during the period of time for which the calibration certificate provides, shall be re-calibrated and re-certified by the contractor at no additional cost to the government. The contractor shall be responsible for any cost associated in returning the re-calibrated equipment to the government.
3.6 Reports
a) Service Reports
The contractor shall provide the government a service report no later than one week after completion of service. The report shall detail the nature of the work performed, problems identified during preventive maintenance, remedial repair actions, and parts or materials replaced. Service report shall include part numbers and prices, name of technician, date of performed service and unit identification.
b) Calibration Certificate
The contractor shall provide the government a National Institute of Standards and Technology (NIST)
Calibration Certificate for each unit when returning serviced units.
3.7 Shipping To/From
OHD Quantifit Respirator Test Fit machine unit(s) will be shipped to the contractor packaged in
OEM Black Plastic Case(s). The government will determine which unit or group will sent out for service thought out the performance period. The equipment will be individually tracked with individual part numbers and RMA numbers, if required. The government shall be responsible for any cost associated in shipping the equipment to be re-calibrated from PHNSY & IMF to the contractor’s facility.
SHIP TO ADRESS (If different from the contractors address listed in the contract):
The contractor shall return ship the serviced OHD Respirator Test Fit machine unit in the same shipping container as was received. The contractor will notify the government COR when a shipment is sent out and supply the government COR with an estimated time of arrival and a tracking number for the parcel. The contractor shall be responsible for any cost associated in returning the re-calibrated equipment to the government.
RETURN SHIPPING:
Pearl Harbor Naval Shipyard & IMF Code 900T
ATTN: Filomeno Galanto 808-473-8000 X-5358
667 Safeguard Street, Suite 100
JBPHH, HI 96860-5033
3.8 SERVICE DELIVERY SUMMARY
Performance
Requirement
PWS
Paragraph
Notes Performance
Threshold
1. Provides Annual Preventive
Maintenance, Calibration and Repair of equipment listed in paragraph 5.1
Paragraph 3.0
100% delivery and compliance.
2. Provides Calibration Certificate and Service report Paragraph 3.6
100% delivery and compliance.
3. Returned serviced and calibrated equipment timely Paragraph 3.1
90% Compliance
4.0 QUALITY CONTROL PLAN
4.1 The contractor shall develop a Quality Control Plan (QCP) and maintain an effective quality control program 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 QCP is the means by which the contractor assures that work complies with the requirement of the contract.
4.2 The contractor shall maintain records of reviews and actions taken per the QCP, and shall make such records available to the government upon request.
5.0 GOVERNMENT FURNISHED PROPERTY
5.1 Eighteen (18) OHD Quantifit Respirator Test Fit machine units, which are classified as Government
Furnished Property (GFP), will be tracked with individual serial numbers and RMA numbers during transit to and from the contactor.
Line
Item #
Item Name Item Description NSN MFR’s Cage
Code
Part # Model #
1 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106819 FTK 9519-4000
2 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106820 FTK 9519-4000
3 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106821 FTK 9519-4000
4 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106822 FTK 9519-4000
5 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106823 FTK 9519-4000
6 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106824 FTK 9519-4000
7 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106951 FTK 9519-4000
8 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106952 FTK 9519-4000
9 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106954 FTK 9519-4000
10 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106955 FTK 9519-4000
11 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106956 FTK 9519-4000
12 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106957 FTK 9519-4000
13 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106959 FTK 9519-4000
14 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106960 FTK 9519-4000
15 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106961 FTK 9519-4000
16 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106962 FTK 9519-4000
17 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106963 FTK 9519-4000
18 OHD Quantifit Respirator Fit Tester n/a 04CL8 86106964 FTK 9519-4000
6.0 LIABILITY
6.1 The contractor shall replace or repair any damage done to government property as a result of the work performed by the contractor. The contractor shall not be liable for any loss, damage or delay due to any cause beyond their reasonable control including but not limited to, acts of government strikes and or lockouts, fire, explosion, theft, riot, civil unrest, war, malicious mischief or acts of God.
7.0 CONTRACTOR QUALIFICATIONS
7.1 In accordance with current Department of Defense and Homeland Security requirements, performance of all work under this contract is restricted to U.S. citizens and U.S. nationals only. The contractor shall provide proof of this requirement upon request by the government. The contractor shall be an authorized, Original Equipment Manufacturer (OEM) trained, certified technician, and not a sub-contract technician, to troubleshoot, repair and perform preventive maintenance and National
Institute of Standards and Technology (NIST) calibration service on OHD Quantifit Respirator Fit
Testing machines.
7.2 The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management. The contractor must maintain continuity between Code 900T TPOC and the
COR. The contractor shall provide a project manager who shall be responsible for the performance and quality of meeting the requirements of this PWS. The project manager or alternate shall have full authority to act on behalf of the contractor on all contract matters relating to operations of this contract.
7.3 The contractor shall have a single point of contact between themselves and the government COR to support and meet the requirements of the PWS.
7.4 The contractor shall be aware that the absence of any contract requirement from the PWS does not detract from its enforceability nor limit the rights or remedies of the government under any other provision of the contract. The contractor shall ensure the PWS requirements are accomplished.
8.0 POINT OF CONTACT
TBD
CLAUSES INCORPORATED BY REFERENCE
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
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
52.204-17 Ownership or Control of Offeror 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
52.204-20 Predecessor of Offeror AUG 2020
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other
Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
JUN 2020
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under any Federal Law
FEB 2016
52.212-1 Instructions to Offerors--Commercial Items JUN 2020
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018
52.217-5 Evaluation Of Options JUL 1990
52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2020-O0008).
NOV 2020
52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020-O0008) MAR 2020
52.222-3 Convict Labor JUN 2003
52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020
52.222-41 Service Contract Labor Standards AUG 2018
52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-23 Assignment Of Claims MAY 2014
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984
52.245-1 Government Property JAN 2017
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 SEP 2013
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
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
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
252.225-7048 Export-Controlled Items JUN 2013
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.244-7000 Subcontracts for Commercial Items JAN 2021
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 Reporting, Reutilization, and Disposal DEC 2017
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 (OCT 2020)
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 Items. 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)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) 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”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.
(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 any equipment, system, or service that uses covered telecommunications equipment or services.
ADDENDUM TO FAR 52.212-1
This is a sole source requirement to be performed by the Original Equipment Manufacturer (OEM). The Offeror shall submit a proposal for consideration no later than the due date and time listed in this solicitation. The Offeror shall submit their proposal in a format readable by Microsoft (MS) Word 2010, Adobe Acrobat X Pro, MS Excel
2010, and MSPower Point 2010.
In order to evaluate Technical Acceptability, the Offeror is required to submit a statement regarding their technical approach on completing the work IAW the PWS. In order to evaluate Price Reasonableness, additional cost information may be requested to supplement the Government’s evaluation.
All offerors are to acknowledge the solicitation and any amendments. If an offeror is registered in SAM (System for
Award Management), they must acknowledge 52.212-3(b). Additionally, offerors are to fill out:
- 52.204-24
- 52.204-26
- 52.222-22
- 52.222-48
The Offeror shall submit their proposal electronically via email to the designated POCs below:
LYNDON PALOMA – lyndon.paloma@navy.mil https://www.sam.gov/
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical Approach
(ii) Price
Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for the non-cost factor of Technical Approach.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
ADDENDUM TO FAR 52.212-2
1. EVALUATION
a. Basis for Contract Award
The evaluation of quotes will be conducted in accordance with (IAW) Federal Acquisition Regulation (FAR)13
Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement
(DFARS), and Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically from http://acquisition.gov. A contract may be awarded to the contractor who is deemed responsible in accordance with the FAR part 9.1, whose technical approach is deemed acceptable IAW the PWS and solicitation, and whose price is the lowest evaluated price.
Factor 1 – Technical Approach
The proposal shall include a written technical proposal that clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS and solicitation requirements.
The proposal must contain sufficient details so that it may be evaluated in accordance with the PWS and comply with the period of performance set forth in the solicitation. The technical proposal shall not exceed a total of three
(3) pages in length, font size 10, font as Times New Roman, and single spaced.
The technical approach evaluation will result in a single rating of “Acceptable” or “Unacceptable.”
TABLE 1- TECHNICAL RATINGS
RATING DESCRIPTION
Acceptable Quote meets the requirements in the solicitation and PWS.
Unacceptable Quote does not meet the requirements in the solicitation and PWS.
Factor 2 –Price
Price will not be rated or scored and will be evaluated for price reasonableness.
Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for the non-cost factor of Technical Approach.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. 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.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13
CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," 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.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and
Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the
United States or its outlying areas. Check all that apply.
http://www.sam.gov/
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB
Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented…
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