N32253-22-P-0016.pdf
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- Weapons Handling Dolly Assembly - AMENDMENT 04 Federal contract opportunity
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- N32253-22-Q-0016
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SEE ADDENDUM
(No Collect Calls)
N3225322Q0016 04-Jan-2022
b. TELEPHONE NUMBER
(808)473-8000X2198
8. OFFER DUE DATE/LOCAL TIME
08:00 AM 12 Jan 2022
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
MICHELLE E SATO
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
1 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
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
PEARL HARBOR NAVAL SHIPYARD & IMF
667 SAFEGUARD ST., STE 100,
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
MICHELLE E SATO
667 SAFEGUARD ST., STE 100,
JBPHH HI 96860-5033
TEL: (808)473-8000X2198 FAX:
FAX:
TEL: 808-473-8000 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
336611
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 OF50
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.
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
1 Job
Weapons Handling Dolly Assembly
FFP
Contractor shall provide zinc coating and cadmium plating services for various Weapons Handling Dolly Assembly components listed in the PWS, to original design specifications, in accordance with the PWS.
FOB: Destination
PSC CD: J020
NET AMT
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 19-JAN-2022 TO
12-APR-2022
N/A PEARL HARBOR NAVAL SHIPYARD &
IMF
MICHELLE E SATO
667 SAFEGUARD ST., STE 100,
JBPHH HI 96860-5033
(808)473-8000X2198 FOB: Destination
N32253
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
PWS
PERFORMANCE WORK STATEMENT
PLATING/COATING SERVICES FOR
WEAPONS HANDLING DOLLY ASSEMBLIES
1.0 Background
1.1.1 This Performance Work Statement (PWS) describes tasks performed by awardee in support of a SSN 688 Class Submarine Project at Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY & IMF), Pearl Harbor, Hawaii. The awardee shall provide the material and work required to generate the deliverables enumerated below.
2.0 References
1. NAVSEA DRAWING 709-4403697 REVISION-R
2. NAVSEA DRAWING 709-4403696 REVISION-P
3.0 Objective/Scope
3.1 OVERALL OBJECTIVE: The awardee, hereafter referred to as the Contractor, shall provide plating/coating services for Weapons Handling Dolly Assembly components to original design specifications within the contract duration allowed.
3.2 SCOPE: The Contractor shall provide zinc coating and cadmium plating services for the following Weapons Handling Dolly Assembly components of Reference 1:
1) Pc 4 - clevis (96 ea)
2) Pc 5 - lever (96 ea)
3) Pc 6 - dolly (96 ea)
4) Pc 7 - lever (96 ea)
5) Pc 8 - lock (96 ea)
6) Pc 10 - lock (96 ea)
3.2.1 PHNSY & IMF will supply to the Contractor all Weapons Handling Dolly Assembly components listed in para 3.2.
4.0 Performance Requirements
4.1 After the contract is awarded the Contractor must be able to deliver all plated/coating
Weapon Handling Dolly Assembly components to PHNSY & IMF
4.2 The plating/coating of Weapons Handling Dolly Assembly components shall be in accordance with Reference 1, and also use Reference 2 as guide.
4.3 The Contractor shall certify that the plating/coating work for Weapons Handling Dolly
Assembly components meet or exceed original design specifications and provide a certificate upon completion of the contract to the Contract Specialist and Contracting Officer’s Representative (COR).
4.4 Upon completion of refurbishment, the Contractor shall return ship to PHNSY & IMF the
Weapons Handling Dolly Assembly components.
Ship to: COMMANDER
PEARL HARBOR NAVAL SHIPYARD & IMF
USS TUCSON (SSN 770) EOH PROJECT
ATTN: KONRAD KUEWA, PH: 808-798-0108
BLDG. 167, 1ST FLOOR, SUPPLY RECEIVING
667 SAFEGUARD ST., SUITE 100
JBPHH, HI 96860-5033
4.5 The Contractor shall protect, package, and ship the Weapons Handling Dolly Assembly components in a suitable shipping container, which will prevent damage to ship the Weapons Handling Dolly Assembly components. It is preferable that the Contractor utilizes the shipping containers provided for delivery to the Contractor’s facility if the container is in good condition.
4.6 The Contractor’s work shall be governed by the completeness and quality of the work performed as summarized in paragraph 3.7, Table A, Service Delivery Summary.
4.7 TABLE A – Service Delivery Summary
Primary Performance Requirement PWS Paragraph Performance Threshold
1. Plating/coating services for Weapons Handling Dolly Assembly components
Paragraph 3.2 100% delivery and compliance
2. Provide Certification that Weapons Handling Dolly Assembly components meet or exceed original design specifications
Paragraph 4.3 100% delivery and compliance.
3. Return Ship the Weapons Handling Dolly Assembly components to
PHNSY
Paragraph 4.4 100% delivery and compliance
4. Submit Quality Control Plan (QCP) if requested
Paragraph 5.1 100% delivery and compliance
N3225322Q0016
5.0 Quality Assurance
5.1 The Contractor is responsible for implementing and maintaining a Quality Control Plan
(QCP) that identifies and results in the correction of potential and actual problems. The QCP shall be implemented on the first day of contract performance and a copy of QCP shall be provided to the COR upon request.
5.1.1 The QCP shall outline the Contractor’s plan to ensure the quality of deliverables as outlined in this PWS. The QCP shall address what will be reviewed and shall outline actions to be taken by the Contractor, should the review(s) identify areas requiring remedial action.
5.1.2 The Contractor shall keep records of any inspections and corrective actions taken, as outlined in the QCP and shall make such records available to the COR upon request.
6.0 Government Furnished Property and Services:
6.1 GENERAL: The Government shall provide Weapons Handling Dolly Assembly components as outlined in paragraph 3.2. The Government shall not provide any other equipment, facilities or service to the Contractor.
6.1.1 RECORDS, DOCUMENTS AND WORK PAPERS: The Government shall not provide policies, technical information, technical reference manual and/or drawings of systems or equipment associated with the Weapons Handling Dolly Assemblies supplied beyond those listed in paragraph 2.0
7.0 Contractor Qualifications/Requirements:
7.1 The Contractor shall have experience with Department of Defense (DoD) directives, regulations, policies and procedures.
7.2 Security Requirements: This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). Should Contractor personnel receive or suspect they have learned of classified information beyond their level of clearance, the Contractor shall identify and immediately report suspicions to the COR.
7.3 Confidentiality: This project, all materials provided to the Contractor by the Government, test results, conclusions, and recommendations obtained thereof from the Contractor shall be considered Government property. The information shall not be disclosed, copied, modified, used (except to fulfill contract requirements) or otherwise disseminated to any other person or entity at any time to include, but not limited to, inclusion in any database external to the Government without Government’s express consent.
7.4 Joint Certification Program: The policies, technical information, technical reference manual and/or drawings of systems or equipment associated with the Weapons Handling
Dolly Assemblies listed in paragraph 2.0 requires the Contractor to be certified by the Defense Logistics Agency’s Joint Certification Program (JCP).
8.0 PERSONNEL
8.1 The Contractor is required to comply with Public Law 105-270, Section 5 (2)(A). This law states that contractors will not perform inherently governmental functions. Section 5(2)(A) of this Public Law defines the term “inherently governmental function” as “a function that is so intimately related to the public interest as to require performance by Federal Government employees.” Per Section 5(2)(B), inherently governmental functions include management of Government programs requiring value judgments, conduct of foreign relations, selection of program priorities, and the direction of intelligence and counter-intelligence operations. Per Section 5(2)(C), inherent governmental functions DO NOT include, (i) gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials or (ii) any function that is primarily ministerial and internal in nature.
8.2 When performing work associated with this PWS, the Contractor shall make clear to all individuals they deal with that they are contract employees and not DOD employees.
Contractor employees shall clearly identify themselves as a contractor (i.e. company shirt, pin, visible company identification, etc.) in a visible location as to who their employer is.
8.3 Contractor personnel shall not manage, supervise, direct, or task US military, DOD civilians or other personnel not associated with the Contractor while performing the tasks within this PWS.
8.4 Contractor personnel shall not make any commitment, which commits the expenditure of
US Government resources.
8.5 The Contractor performing services shall be required to comply with all Pearl Harbor
Naval Shipyard & IMF rules, regulations, and training that is applicable to conduct, safety, security, and procedures governing site entry and exit.
8.6 Contractors shall not establish an employee-employer relationship with PHNSY & IMF under this PWS.
8.7 Contractors shall not provide personal services to PHNSY & IMF under this PWS. If contract employees are directed by any government employee at any time to perform services not covered under this contract, the Contractor shall immediately notify the
COR.
8.8 Any contract employee who procures or attempts to procure commercial sex acts or contributes in any way to trafficking in persons, per the Federal Acquisition Regulations (FAR) 22.17, shall be immediately removed for the existing task on a PHNSY & IMF contract.
CLAUSES INCORPORATED BY REFERENCE
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
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
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 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.212-1 Instructions to Offerors--Commercial Items SEP 2021 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity for Construction
FEB 1999
52.222-25 Affirmative Action Compliance APR 1984 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.223-20 Aerosols JUN 2016 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 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 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 52.237-1 Site Visit APR 1984 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 SEP 2021 52.245-9 Use And Charges APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006 52.247-34 F.O.B. Destination NOV 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 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 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
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.209-7002 Disclosure Of Ownership Or Control By A Foreign
Government
JUN 2010
252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 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 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy
Property
APR 2012
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property
APR 2012
252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 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.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
ADDENDUM TO FAR 52.212-1
ADDENDUM TO FAR 52.212-1
All firms or individuals responding must be registered with the System for Award Management (SAM) (https://www.sam.gov) by the award date. The solicitation document and incorporated provisions and clauses will be those in effect through Federal Acquisition Circular (FAC)2022-01, DFARS DPN20211130, and NMCARS18- 21.
Written offers should be submitted in accordance with the CLIN structure. The Period of Performance (PoP) is subject to change. If unable to meet the tentative period of performance as identified in the solicitation, please provide soonest availability.
The CLIN structure is for (1) one base year.
The Period of Performance for this CLIN 0001 is 19 JAN 2022 – 12 APR 2022 (Base Year).
To evaluate technial acceptability and price fair and reasonable, al offerors are required to submit a statement regarding:
1) Technical approach on the work to be completed in accordance with the Performance Work Statement, paragraph 4.0:
All submittals should be provided as an attachment to the quotation in a separate document, size 12 font, no more than 3 pages.
2) Pricing for the refurbishment of weapons handling dolly assemblies. Fill in prices and return the SF1449 to include:
CLIN 0001 Refurbishment Services: Include the total pricing for refurbishment of 96ea dolly assembly components from contractor facility to PHNSY & IMF.
The contractor shall provide zinc coating and cadmium plating services for the following Weapons Handling Assembly components of Reference 1 (in accordance with the Performance Work Statement (PWS)):
1) Pc 4 – clevis (96 ea)
2) Pc 5 - lever (96 ea)
3) Pc 6 - dolly (96 ea)
4) Pc 7 - lever (96 ea)
5) Pc 8 - lock (96 ea)
6) Pc 10 - lock (96 ea)
PHNSY & IMF will supply the Contractor all Weapons Handling Dolly Assembly components. After the contract is awarded the Contractor must be able to deliver all plated/coating Weapon Handling Dolly Assembly components to PHNSY & IMF. The plating/coating of Weapons Handling Dolly Assembly components shall be in accordance with Reference 1, and also use Reference 2 as guide. The Contractor shall certify that the plating/coating work for Weapons Handling Dolly Assembly components meet or exceed original design specifications and provide a certificate upon completion of the contract to the Contract Specialist and Contracting Officer’s Representative (COR). Upon completion of refurbishment, the Contractor shall return ship to PHNSY & IMF the Weapons Handling Dolly Assembly components to the address listed in the PWS. The Contractor shall protect, package, and ship the Weapons Handling Dolly Assembly components in a suitable shipping container, which will prevent damage to ship the Weapons Handling Dolly Assembly components. It is preferable that the Contractor utilizes the shipping containers provided for delivery to the Contractor’s facility if the container is in good condition. The Contractor’s work shall be governed by the completeness and quality of the work performed as summarized in paragraph 3.7, Table A, Service Delivery Summary.
All quotation submissions need to include completion of FAR 52.212-3, 52.204-24, 52.204-26, and 52.209-11.
Quotes are due to this office no later than 12 JAN 2022, 08:00AM HST.
The Offeror shall submit their proposal electronically via email to the designated POCs below:
Michelle Sato: michelle.sato@navy.mil Jacob L. Walker: jacob.l.walker1@navy.mil
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 capability of the item offered to meet the Government requirement
(ii) In accordance with the Performance Work Statement (PWS), whoever has the lowest price technically acceptable and that price is determined fair and reasonable.
(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
ADDENDUM TO FAR 52.212-2
1. EVALUATION
a. Basis for Contract Award This evaluation is conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically at the Federal Acquisition Regulation website, https://www.acquisition.gov/. A contract may be awarded to the contractor who is deemed responsible IAW FAR 9.1, whose technical approach is deemed acceptable IAW the PWS, and whose price is determined fair and reasonable.
b. Solicitation Requirements, Terms and Conditions Contractors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the contractor being ineligible for award. Contractors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.
c. Evaluation for Contract Award 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.
EVALUATION FOR AWARD:
The Government will award this contract on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standard for the non-price factor, Factor 1 below.
Rating for non-price factor, Factor 1 below, must be “ACCEPTABLE” in order to be eligible for award.
Weaknesses and/or deficiencies that will lead to an “UNACCEPTABLE” rating must be corrected during exchanges in order to receive an “ACCEPTABLE” rating. An “UNACCEPTABLE” rating for the non-price factor, Factor 1 below, makes a proposal ineligible for award.
EVALUATION FACTORS
(a) The Government shall evaluate proposals in accordance with the factors described below. The evaluation factors represent key areas of importance to be considered in the evaluation decision.
(b) The following factors shall be evaluated:
Factor 1: Technical Approach Factor 2: Total Price
Factor 1 – Technical Approach/Management The proposal shall include a narrative statement that clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing 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 evaluation will result in a single rating of “Acceptable” or “Unacceptable.”
Acceptable/Unacceptable Ratings
Acceptable Proposal meets the minimum requirments of the PWS and solicitation
Unacceptable Proposal does not meet the minimum requirments of the PWS and solicitation
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)
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.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which 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 its stock is owned by one or more women; or
(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 will be performed in the United States or its outlying areas. Check all that apply.
(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.
(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…
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