N32253-24-Q-0047_Repair_Calibration_Keysight_N9952A.pdf
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- Attached to
- Calibration and Repair Keysight N9952A
- Solicitation number
- N32253-24-Q-0047
About this file
This document is a Request for Quotations (RFQ) issued by the Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY & IMF) for a Firm Fixed-Price commercial service contract to repair, calibrate, and provide technical support for Keysight Fieldfox Analyzer Model N9952A. The applicable North American Industry Classification System (NAICS) code is 811210 with a $34M size standard. The solicitation number is N32253-24-Q-0047 and the Product Service Code is J049. Interested vendors must be registered in the System for Award Management (SAM) and are required to submit quotations by 12:00 PM Hawai'i Standard Time on May 14, 2024. The contract has a 12-month base period and a 12-month option period. The solicitation provides detailed Performance Work Statement requirements for repairs, calibrations, and technical support for the Keysight analyzers.
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| File | Type | Posted |
|---|---|---|
| N3225324Q0047-Amd_0003.pdf | ||
| N3225324Q0047-Amd_0002.pdf | ||
| N3225324Q0047 0001.pdf | ||
| 15. GFPN3225324Q0047_1.pdf |
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SEE ADDENDUM
(No Collect Calls)
N3225324Q0047 07-May-2024
b. TELEPHONE NUMBER
808-473-8000 EXT-6836
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 14 May 2024
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
N3225324RC95014
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
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
DLA DISTRIBUTION
GOVERNMENT REPRESENTATIVE
RECEIVING DEPT, CODE Z0S
667 SAFEGUARD ST, BLDG 167
JBPHH HI 96860-5033
TEL: 808-473-8000 X-4961 FAX:
FAX:
TEL: 808-473-8000 X-6836
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$34,000,000
NAICS:
811210
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 OF46
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.
N3225324Q0047
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
1 Job
Evaluation and Repair Keysight Analyzer
FFP
The qualified contractor shall provide all personnel, parts, labor, materials, supplies, equipment, and tools required to perform evaluation and repair of one
Keysight RF Microwave Analyzer. The equipment shall be repaired to full operational condition, except calibration, in accordance with Performance Work
Statement (PWS), paragraph 4.2-Repairs.
- Keysight Model# N9952A
- Serial#: US57200601
NOTE: Upon completion of the repair this unit will be covered under the requirement under CLIN 0006 and Option CLIN 1006.
FOB: Destination
MILSTRIP: N3225324RC95014
MFR PART NR: N/A
PURCHASE REQUEST NUMBER: N3225324RC95014
PSC CD: J049
NET AMT
FFP
The qualified contractor shall provide all personnel, parts, labor, materials, supplies, equipment, and tools required to perform evaluation and repair of one
Keysight RF Microwave Analyzer. The equipment shall be repaired to full
- Serial#: US55240492 requirement of CLIN 0006 and Option CLIN 1006.
MFR PART NR: N/A
FFP
The qualified contractor shall provide all personnel, parts, labor, materials, supplies, equipment, and tools required to perform evaluation and repair of one
Keysight RF Microwave Analyzer. The equipment shall be repaired to full
- Serial#: US55240399
MFR PART NR: N/A
FFP
The qualified contractor shall provide all personnel, parts, labor, materials, supplies, equipment, and tools required to perform evaluation and repair of one
Keysight RF Microwave Analyzer. The equipment shall be repaired to full
- Serial#: US55240505
MFR PART NR: N/A
FFP
The qualified contractor shall provide all personnel, parts, labor, materials, supplies, equipment, and tools required to perform evaluation and repair of one
Keysight RF Microwave Analyzer. The equipment shall be repaired to full operational condition, except calibraton, in accordance with Performance Work
- Serial#: US57200603 requirement of CLIN 0006 and Option CLIN 10006.
MFR PART NR: N/A
11 Job
Repair, Calibration, Technical Support
FFP
The qualified contractor shall provide all personnel, parts, labor, materials, supplies, equipment, and tools required to perform repair, calibration, and unlimited technical support during the Performance Period for all the Keysight
Model N9952A RF Microwave Analyzer listed in the Performance Work
Statement (PWS). The contractor shall provide one (1) repair and one (1) calibration per unit, per year in accordance with the PWS.
11 Job
OPTION Repair, Calibration, Technical Support
FFP
The qualified contractor shall provide all personnel, parts, labor, materials, supplies, equipment, and tools required to perform repair, calibration, and unlimited technical support during the Performance Period for all the Keysight
Model N9952A RF Microwave Analyzer listed in the Performance Work
Statement (PWS). The contractor shall provide one (1) repair and one (1) calibration per unit, per year in accordance with the PWS.
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
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
1006 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 15-MAY-2024 TO
14-MAY-2025
N/A DLA DISTRIBUTION
GOVERNMENT REPRESENTATIVE
RECEIVING DEPT, CODE Z0S
667 SAFEGUARD ST, BLDG 167
JBPHH HI 96860-5033
808-473-8000 X-4961
N32253
0002 POP 15-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 15-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 15-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 15-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 15-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 15-MAY-2025 TO
14-MAY-2026
N/A (SAME AS PREVIOUS LOCATION)
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
PEARL HARBOR NAVAL SHIPYARD & INTERMEDIATE
MAINTENANCE FACILITY (PHNSY & IMF)
CALIBRATION AND REPAIR
1. BACKGROUND
1.1 Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY & IMF) is a US Navy regional industrial center that maintains, overhauls, and repairs various vessels of the US Navy. Its industrial operations provide the US naval forces with a wide range of services and resources located on the island of
Oahu, Hawaii, with direct and indirect support for submarines, surface vessels, and shore-based activities in the Pacific.
2. OBJECTIVE AND SCOPE
2.1 The Contractor shall perform as needed repairs and calibration during the period of performance to maintain full operational capability for the following Keysight N9952A RF Microwave Analyzers:
Serial Number Operating
Status Known Problem Repair Calibration
1* US57200601 Need Repair
Unit hangs up and loses power (turns off)
Yes Yes
2* US55240492 Need Repair Unknown Yes Yes
3* US55240399 Need Repair Unknown Yes Yes
4* US55240505 Need Repair Unknown Yes Yes
5 US57200602 In use None Yes Yes
6* US57200603 Need Repair Unknown Yes Yes
7 US57207097 In use None Yes Yes
8 SG62247063 In use None Under warranty
(11/25/2025) Yes
9 SG62247064 Warranty Repair Unknown Under warranty
(11/28/2025) Yes
10 SG62247068 In use None Under warranty
(5/25/2026) Yes
11 SG62247070 In use None Under warranty
(5/22/2026 Yes
*NOTE: Line #1, 2, 3, 4 and 6 shall be repaired to operational condition before it can be included with the annual calibration and repair requirement in this PWS. Line #8, 9, 10, and 11 are under warranty, only calibration is required on the base year.
3. APPLICABLE DOCUMENTS
3.1 Original Equipment Manufacturer (OEM) calibration and repair specifications
3.2 ISO/IEC 17025:2017 General Requirements for the Competence of Testing and Calibration
Laboratories (3rd Edition), dated 29 Nov 2017
3.3 ANSI/NCSL Z540.3, Requirements for the Calibration of Measuring and Test Equipment, dated 3 Aug 2006
4. PERFORMANCE REQUIREMENTS:
4.1 The Contractor shall furnish trained personnel, labor, parts, tools, hardware, firmware, diagnostic software, and test, measurement, and diagnostic equipment required to provide technical support, repair, and calibration services for Keysight N9952A Analyzers.
These services shall be performed at the vendor’s facility. The contractor shall provide technical support via telephone, email, or online.
4.2 REPAIRS
4.2.1 The Contractor shall provide all necessary repairs to bring back the Keysight N9952A
Analyzers to its original operating condition, one time per year, per unit.
4.2.2 All repairs shall be in accordance with the OEM repair manual and specifications.
4.2.3 The contractor shall be an authorized repair facility of the OEM. The OEM authorization letter shall be provided to the government, upon request.
4.2.4 Repair shall include preventative maintenance including cleaning, lubricating and safety check.
4.2.5 Repair shall cover all parts, labor and software updates.
4.2.6 Contractor shall only use genuine or authorized Keysight parts and software.
4.2.7 Repair turnaround time shall be no more than 10 business days after receipt of
Equipment. If additional calibration is required, total turnaround time shall be no more than 20 business days.
4.2.8 The Contractor shall ship the hardware to the Government upon completion of all services. The Contractor shall provide tracking information to the Contracting Officer
Representative (COR) and Technical Point of Contact (TPOC) listed in the contract.
4.2.9 The Contractor shall report to COR/TPOC unrepairable equipment due to obsolescence and return to the government.
4.3 CALIBRATION
4.3.1 The Contractor shall furnish all labor, material and equipment required to calibrate Keysight N9952A Analyzers in accordance with ISO 17025:2017 and
ANSI/NCSL Z540.3-2006, one time per year, per unit.
4.3.2 The Contractor shall meet the requirements of the NAVSEA METCAL Technical
Warrant Holder N9952A OEM calibration approval.
4.3.3 The Contractor shall be accredited by a U.S. based; Navy approved accreditation body to U.S. national standards, such as, ISO /IEC 17025:2017 and/or ANSI/NCSL
Z540.3.
4.3.4 The scope of the certification/accreditation must cover the measurement parameters and ranges of the calibration performed.
4.3.5 Calibration shall take place at the Contractor’s accredited facility. For contractors with multiple sites, the certification and/or accreditation must pertain to the specific laboratory location that will perform the required calibrations.
4.3.6. Calibration shall include guardbanding, point-by-point measurement uncertainties.
4.3.7 Calibration shall meet a minimum Test Accuracy Ratio (TAR) of 4:1, or a Test
Uncertainty Ratio (TUR) equal to or greater than 4:1, or a Probability of False Accept
(PFA) not to exceed 2 percent.
4.3.8 The Keysight N9952A Analyzers shall be calibrated to its full 50 GHz capability.
4.3.9 The Contractor shall provide full measurement report and a certificate of calibration.
4.3.10 Calibration turnaround time shall be no more than 10 business days after receipt of equipment.
4.3.11 The Contractor shall ship the hardware to the Government upon completion of all services. The Contractor shall provide tracking information to the Contracting Officer
Representative (COR) and Technical Point of Contact (TPOC) listed in the contract.
4.4 TECHNICAL SUPPORT
4.4.1 Contractor shall provide unlimited access to technical and application support experts via telephone, email, or online, throughout the contract Period of Performance (POP).
4.4.2. The technical support response time shall be two business hours or less.
4.5. PERIOD OF PERFORMANCE (POP)
4.5.1 The POP shall be one Base Year of 12 Months and one 12-month option year.
5. REPORTS
5.1 The Contractor shall provide a Certificate of Calibration stating as found and as released data to be included with the instrument.
5.2 This Report will also be inclusive of the following statements:
5.2.1 Direct traceability through an unbroken chain of calibrations back to accepted references to NIST.
5.2.2 A compliance statement to ISO/IEC 17025 and ANSI/NCSL Z540.3.
6. GOVERNMENT FURNISHED EQUIPMENT (GFE)
6.1 The Government will provide a government furnished equipment list as an attachment to the solicitation and the resultant contract.
7. SERVICE DELIVERY
7.1 PHNSY&IMF will be responsible for shipping the instruments to the Contractor’s facility via traceable means. The contractor shall provide the appropriate ship to address and return authorization or workorder number, if required.
7.2 The contractor shall ship the instruments back to the government via traceable means.
Contractor must ship to the following address and POC.
PEARL HARBOR NAVAL SHIPYARD & IMF
667 SAFEGUARD ST. RECEIVING BLDG. 167
ATTN: B214, D. RAZON (Contract#TBD)
JBPHH, HI 96860-5033
8. CONTRACTOR QUALIFICATIONS
8.1 The Contractor shall ensure that employees have the necessary level of expertise, training and educational background to perform the requirements in this PWS and the necessary management and administrative support associated with personnel, equipment, and services provided.
9. WARRANTY
9.1 Extend to the Government all commercial warranties on replacement parts, consistent with the standard industry practices.
10. LIABILITY
10.1 The Contractor shall replace or repair any damage done to any Government property as a result of work performed by the Contractor. The Contractor shall not be liable for any loss, damage, or delay due to any cause beyond reasonable control including but not limited to, acts of government, strikes, lockouts, fire, explosion, theft, flood, riot, civil commotion, war malicious mischief or acts of God.
11. QUALITY ASSURANCE
11.1 The Contractor is responsible for implementing and maintaining a Quality Control Program
(QCP) to ensure that the work performed meets or exceeds contract requirements and results in the correction of potential and actual problems. The QCP shall be implemented on the first day of contract performance and shall describe what will be reviewed and outline actions to be taken by the Contractor, should reviews(s) and/or inspections identify areas requiring remedial action.
12. POINT OF CONTACT
12.1 The Point of Contacts will be listed in the resultant contract under NAVSEA Clause G-242-
H0001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT
AND RESPONSIBILITIES (NAVSEA) (OCT 2018).
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.204-22 Alternative Line Item Proposal JAN 2017
52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
NOV 2023
52.217-5 Evaluation Of Options JUL 1990
52.217-9 Option To Extend The Term Of The Contract MAR 2000
52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option
Contracts)
AUG 2018
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Disputes MAY 2014
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.245-1 Government Property SEP 2021
52.245-9 Use And Charges APR 2012
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
JAN 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
JAN 2023
252.204-7016 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 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023
252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
MAY 2019
252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors
JAN 2023
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023
252.225-7048 Export-Controlled Items JUN 2013
252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.231-7000 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
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.244-7001 Alt I Contractor Purchasing System Administration (May 2014) --
Alternate I
MAY 2014
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7005 Management and Reporting of Government Property JAN 2024
252.246-7007 Contractor Counterfeit Electronic Part Detection and
Avoidance System
JAN 2023
252.246-7008 Sources of Electronic Parts JAN 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-
Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph
(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The
Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
ADDENDUM TO FAR 52.212-1
QUOTE PREPARATION INSTRUCTIONS:
Vendors shall submit a quote electronically for consideration no later than the due date and time listed in this solicitation. By submitting a quote is an acknowledgement of understanding and compliance to the solicitation requirements, terms and conditions, unless an exception is annotated. Any exceptions will be determined by the
Contracting Officer if they are acceptable or not.
All quotes shall be submitted electronically using the solicitation document or Standard Form (SF) 1449 and a separate technical quote. Interested vendors are encourage submit additional documentation (no more than ten pages) to support the quote, i.e. service warranty information, technical data, price breakdown, performance history, etc. All documents submitted shall be readable by Microsoft (MS) Word, Adobe Acrobat X Pro, MS Excel, and MS
Power Point.
At a minimum, quotes must include the following documents to be eligible for award:
a. Completed copy of the solicitaton document (SF 1449):
1. Fill block 17a; company name, address, phone and email, POC, and CAGE CODE
2. Fill block 12; Discount Terms if any, otherwise mark as NONE
3. Complete each CLINS with unit prince and total price
4. If an offeror is registered in System for Award Management (SAM) and all representation is still valid, acknowledge FAR 52.212-3(b) only, per instruction on the first paragraph. Ensure the following FAR provisions are certified: 52.204-26, 52.222-22, 52.222-48
5. Fill block 30a-c
b. Technical Quote:
1. Submit a technical quote that describes the company’s technical capabilities and qualifications to meet the Performance Work Statement (PWS) requirements, limiting it five (5) pages.
2. Describe in detail how the company can meet all performance requirements describe under paragraph four (4) of the PWS.
3. The technical quote should show thorough knowledge, understanding, and approach to accomplish the performance requirements listed in the PWS and solicitation.
The Government intends to evaluate quotes and award a Firmed Fix Price contract with option without discussions.
Therefore, the vendor’s initial quote should contain the best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
In order to evaluate Price Reasonableness, additional price or cost information may be requested to supplement the
Government’s evaluation.
POC: LYNDON PALOMA – lyndon.g.paloma.civ@us.navy.mil
(End of provision addendum)
ADDENDUM TO FAR 52.212-2
EVALUATION
1. BASIS FOR CONTRACT AWARD
A contract may be awarded to the Offeror whose proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by Addendum to FAR
52.212-1 of this solicitation) and is judged, based on the evaluation factors, to represent the best value to the
Government. Additionally, the Offeror must be deemed a responsible prospective contractor IAW FAR 9.1.
2. EVALUATION FOR AWARD
The Government will award a Firm Fixed Price Contract from this solicitation to the responsible Offeror whose offer conforming to the solicitation is the Lowest Price Technically Acceptable (LPTA).
3. EVALUATION FACTORS
(a) The evaluation factors represent key areas of importance to be considered in the LPTA selection decision and include:
Factor 1: Technical Approach
Factor 2: Price
Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factor of Technical Approach.
Factor 1 – Technical Approach
Technical Approach Factor will either receive an acceptable or unacceptable rating defined below based on an overall evaluation of whether the Offeror’s submitted technical statement meets the requirements of the solicitation, indicates an adequate approach to and understanding of the technical requirements set forth from PWS, and an assessment of risk of unsuccessful contract performance. An “UNACCEPTABLE” rating makes a proposal ineligible for award and no further evaluation will be conducted.
Combined Technical Approach/Risk Rating
Rating Description
Acceptable Quote meets the requirements of the solicitation and clearly demonstrates qualifications and capabilities, thorough knowledge and understanding of, and approach to, accomplishing the PWS Performance Requirements, under paragraph 4. Risk of unsuccessful performance is no worse than moderate.
Unacceptable Quote does not meets the requirements of the solicitation and does not demonstrates qualifications and capabilities, thorough knowledge and understanding of, and approach to, accomplishing the PWS Performance Requirements, under paragraph 4. Risk of unsuccessful performance is high.
“Risk” is defined as the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor may involve increased risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight and the likelihood of unsuccessful contract performance.
Factor 2 – Price
For Offerors with a technical approach rating of “Acceptable,” the total price listed in the Pricing Breakout
Worksheet will be evaluated for reasonableness in accordance with various analysis methods listed in FAR 13.106-2.
(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.
(End of provision addendum)
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and determined best value for the government in accordance with the lowest price technically acceptable source selection process. The following factors shall be used to evaluate offers:
(i) Technical Approach
(ii) Price
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2024-O0002) (FEB 2024) ALTERNATE I (FEB 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000–9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the
Sudan Accountability and Divestment Act of 2007 (Pub. L. 110–174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment
Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or 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 (SDVOSB) concern means a small business concern--
(1)(i) Not less than 51 percent of which is owned and controlled 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart
19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary
Identification and Records Locator Subsystem, or successor system that is maintained by the Department of
Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an
SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small
Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to
SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the
SDVOSB Program.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR
127.300.
(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 Products and Commercial Services, 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part
19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR
121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(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) SDVOSB 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 that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) 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.
(6) 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.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements…
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