N3225322Q0043 P00002 CONFORMED.pdf

SEE ADDENDUM

(No Collect Calls)

N3225322Q0043 04-May-2022

b. TELEPHONE NUMBER

808-473-8000 X5503

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 08 Jul 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 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

LYN URATANI

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

N3225322RC91018

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PEARL HARBOR NAVAL SHIPYARD & IMF

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

SEE PERFORMANCE WORK STATEMENT

667 SAFEGUARD STREET

PEARL HARBOR HI 96860-5033

TEL: FAX:

FAX:

TEL: 808-473-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

238290

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.

N3225322Q0043

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

Dismantle and Disposal of Equipment

FFP

To perform the dismantling and disposal of the Bertsch Pinch Press in accordance with the Performance Work Statement.

FIP DATA: NW2253 HD 2F HD 2521 1R9D 000 ADTF

FOB: Destination

PURCHASE REQUEST NUMBER: N3225322RC91018

PSC CD: P100

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-JUL-2022 TO

09-DEC-2022

N/A PEARL HARBOR NAVAL SHIPYARD &

IMF

SEE PERFORMANCE WORK STATEMENT

667 SAFEGUARD STREET

PEARL HARBOR HI 96860-5033

FOB: Destination

N32253

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Shop 11 Bertsch Pinch Press Disposal for Pearl Harbor Naval Shipyard

& Intermediate Maintenance Facility (PHNSY & IMF)

1.0 BACKGROUND

1.1 The primary mission of Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY & IMF) is to deliver regional maintenance, at the depot and intermediate levels, to keep the surface ships and submarines of our nation's navy "Fit to Fight." As Hawaii’s regional maintenance center, PHNSY & IMF’s capabilities include excellence in overhauling, repairing, converting, alteration, refurbishing, and the decommissioning of Navy vessels.

2.0 OBJECTIVE & SCOPE

2.1 PHNSY & IMF seeks a contractor that is qualified to perform the dismantling and disposal of the

Bertsch Pinch Press. The industrial machine is located inside building 155. The schedule of the dismantling and disposal of the Bertsch Pinch Press shall be determined by the Government representative and coordinated with the contractor. The desired result of these services is to clear shop spaces to allow PHNSY & IMF to install new equipment and to use these spaces more effectively. This equipment removal effort is above and beyond the current resource capacity of PHNSY & IMF’s production shops.

3.0 PERFORMANCE REQUIREMENTS

3.1 The contractor shall provide one individual as a Project Manager who is responsible for the planning, scheduling, and managing the execution of work concerning all aspects of this contract. The Project Manager shall coordinate with Code 1121 for physical security requirements and traffic management.

3.2 Prior to commencing work, the contractor shall meet in conference with the Government TPOC, COR and necessary support personnel to discuss and develop mutual understandings relative to environmental, safety, schedule, security, and waste management. The contractor shall obtain all necessary permits, approvals and licenses necessary for the transportation of material on highway/roads and disposal/recycling of scrap materials.

3.3 The contractor shall present an Environmental Protection Plan (EPP) 45 days after award. See

Section 15.0 Attachments - Appendix I and Appendix II outline the various elements that shall be addressed, including testing the Bertsch Pinch Press for the presence of hazardous material, including lead and asbestos, and environmental mitigation efforts, including nuisance dust control and other steps to be taken to minimize or prevent damage to adjoining structures, on-going PHNSY & IMF operations and injury to personnel working in the vicinity. Once accepted by the Government, the EPP shall become an integral part of the requirements of this PWS.

3.4 A preliminary Plan of Action (POA) plan must be submitted prior to commencing. This plan will highlight disassembly plans for the equipment items to be disassembled, relocated, staged, packaged, and crated under this specification during the contract period of performance. The POA shall be submitted in a PDF format within ten (10) business days after the contract is awarded. The POA will be reviewed and approved by the Government.

3.5 The contractor shall provide a Safety Plan covering all aspects of safety for this project. The safety plan shall be approved by the government prior to commencement of work. All work performed shall be in accordance with applicable Federal, State of Hawaii and OSHA requirements. Refer to Section

15.0 Attachments - Appendix I for guidance regarding safety.

3.6 All hot work must comply with NFPA 51B Standard for Fire Prevention during welding, cutting and other hot work. The contractor shall submit a Hot Work Checklist and Permit to a Shop 17 Permit Authorized Individual no later than seven (7) working days prior to hot work being performed. See Section 15.0 Attachments - Appendix V.

3.7 The contractor shall provide all material handling and lifting equipment, rigging support services, and other support equipment (such as cranes, forklifts, Bobcats, man-lifts, etc.) necessary for continuous support and shall provide qualified personnel to operate it. The contractor will complete and submit to NAVFAC Hawaii and Code 740 AP at least one (1) month prior to start of work a Contractor Crane Entry Package as applicable to the POA. See Section 15.0 Attachments – Appendix VI.

3.8 The contractor shall be responsible for the dismantling and disposal of the industrial plant equipment listed below. The contractor shall have salvage rights to all the scrap material generated as a result of the dismantling of the identified equipment. Disposal of the material shall be in accordance with Federal, State and local laws and regulations. The disposal of scrap materials within PHNSY & IMF is strictly prohibited.

a. The contractor shall remove all equipment, all associated peripherals (pumps, motors, tanks, machinery control cabinets, machine control hardware, etc.) and all utility infrastructure (pipe, conduit, cable, wiring, electrical cabinets, transformers, etc.) between the equipment and its primary isolation or disconnect.

b. All conduit and piping shall be capped at the isolation or disconnect point.

c. Peripheral equipment, piping runs, and other utility infrastructure located in service trenches or underneath steel plate flooring shall be removed and disposed.

d. Removal of leveling compound (grout) during the equipment disassembly process may be required to break the equipment free from the foundation. All debris generated during the process shall be removed and disposed.

e. Steel bolts/anchors protruding from the foundation will be cut as close to the foundation as reasonably possible.

3.9 Itemized list of industrial equipment to be disposed:

Description of Equipment to be Disposed

Physical Characteristics Equipment Specific Disassembly and Packaging Requirements

1. Manufacture: Bertsch Description: Pinch Press Serial Number: M-10716 Model Number: 20 Location: Building 155, Column 8-9

Equipment Characteristics Length / Width / Height 42 ft. x 18 ft. x 12 ft.*

Weight estimated to be at least 150,000* pounds

- Equipment has been drained of fluids but there may be residual fluids in the lines.

- Power has been disconnected.

DOUBLE PINCH WITH HYDRAULIC

SPEED CONTROL, 22 ROLL DIAMETER,

1 1/16 X 16' CAPACITY, COLD ROLLING

CAPACITY AT 60000 PSI, 3 ADJUSTABLE

FORGINGS. ACCESSORIES INCLUDE:

TEFC MOTOR PUMP TANK HYDRAULIC

UNIT,

BED ROLLER TABLE CONSOLE TYPE

ELECT CABINET (NEMA 12) CONTROL

STATION.

Pit Dimensions:

Length / Width / Height 15 ft. x 31 ft. x 4 ft.*

*Values are approximations made by the Government, and should not be assumed to be accurate.

3.10 The contractor shall clear and dispose of all scrap materials and debris generated from the dismantling of the equipment in the work site. The work site shall be returned to a clean and orderly state.

4.0 SERVICE DELIVERY SUMMARY

Performance Requirement Reference Performance Threshold

1. Provide a single point of contact that will serve as the project manager.

Paragraph 3.1 100% delivery and compliance.

2. Provide an OPSEC Plan to the Government for approval by the OPSEC Program Manager.

Paragraph 10.2 100% delivery and compliance.

3. Meet in conference with the Government prior to commencing work.

Paragraph 3.2 100% delivery and compliance.

4. Follow the Environmental Protection Plan (EPP) in all operations associated with this PWS.

Paragraph 3.3 100% delivery and compliance.

5. Provide Plan of Action (POA) Paragraph 3.4 100% delivery and compliance.

6. Provide Safety Plan Paragraph 3.5 100% delivery and compliance.

7. Provide Hot Work Checklist and Permit to Code 970 Shop 17.

Paragraph 3.6 100% delivery and compliance.

8. Provide Contractor Crane Entry Package to NAVFAC and Code 740.

Paragraph 3.7 100% delivery and compliance.

9. Completely remove and properly dispose of items listed in the PWS.

Paragraph 3.8 and 3.9

100% delivery and compliance.

10. Perform clean-up of work site. Paragraph 3.10 100% delivery and compliance.

5.0 QUALITY ASSURANCE

5.1 The contractor shall develop a Quality Control Plan (QCP) and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's QCP is the means by which the contractor assures that work complies with the requirement of the contract.

5.2 The contractor shall maintain records of reviews and actions taken per the QCP, and shall make such records available to the Government upon request.

5.3 The contractor agrees to attend any progress meetings during the contract period of performance. The

Government TPOC and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings the TPOC will apprise the contractor of how the Government views the contractor’s performance and the contractor will notify the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

6.0 GOVERNMENT PROVIDED SERVICES

6.1 The Government will provide laydown space for the purpose of staging disassembled equipment, equipment components, peripherals and utility infrastructure.

7.0 CONTRACTOR QUALIFICATIONS

7.1 The contractor shall provide trained personnel fully capable of providing the deliverables requested and have the knowledge, skills, and expertise to meet the requirements specified in this PWS.

7.2 The contractor shall comply with safety and health work practices specified in Section 15.0

Attachments – Appendix I.

7.3 The contractor shall comply with environmental guidelines specified in Section 15.0 Attachments –

Appendix II.

7.4 The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management. The contractor must maintain continuity between Code 980 TPOC and the COR. The project manager shall be responsible for the performance and quality of meeting the requirements of this PWS. The project manager or alternate shall have full authority to act on behalf of the contractor on all contract matters relating to operations of this contract.

8.0 SECURITY REQUIREMENTS

8.1 Prior to the start of work, the contractor shall provide the COR (on company letterhead) a request for access to PHNSY & IMF and include the following information – full name of all personnel working on this contract; Social Security number; date of birth, place of birth, and citizenship. The contractor shall state that information has been verified and shall have supporting records on file if required for examination.

8.2 The contractor shall pass a background check to gain access into PHNSY & IMF. The contractor’s employees must be U.S. Citizens and registered with the Defense Biometric Identification System (DBIDS). The contractor shall coordinate with the TPOC or COR to obtain a gate pass at Building 3455 Pass Office. Only those individuals with favorable investigations shall be utilized on this contract. The contractor will coordinate with building 3455 Pass Office or government designee in the completion of current form SECNAV 5512/1.

8.3 Contractor personnel must meet the requirements for a “green” unescorted badge for access to areas requiring services related to this contract. The contractor will coordinate with PHNSY Security Office or government designee at building 207 in the completion of Visit Request for PHNSY & IMF current form PH-SYD 5512/28.

8.4 This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). The contractor shall comply with Security requirements specified in Section

15.0 Attachments - Appendix III.

8.5 Should contractor personnel receive or suspect they have learned classified information beyond their level of clearance, the contractor shall identify and immediately report suspicions to the COR.

9.0 OPERATIONS SECURITY (OPSEC)

9.1 The contractor shall comply will Operational Security (OPSEC) requirements specified in

Section 15.0 Attachments - Appendix IV.

9.2 Upon contract award, if determined by the OPSEC Program Manager (OPSEC PM), the contractor must submit an OPSEC Plan to be approved by the Government prior to the start of work. The OPSEC Plan must be submitted via encrypted email, through the approved Department of Defense Safe (DoD) Secure Access File Exchange (SAFE) at https://safe.apps.mil.

9.3 It is the responsibility of all contractor personnel (prime and sub) to avoid inadvertent disclosure of unclassified or classified information during the period of this contract.

9.4 During the period of this contract, contractor personnel may be exposed to, use, or produce, U.S.

Government CI and observable indicators which may lead to the discovery of CI. PHNSY & IMF CI will not be distributed to unauthorized third parties, including foreign government or companies under Foreign Ownership, Control or Influence (FOCI). The contractor shall protect all CI in a manner appropriate to the nature of the information.

9.5 U.S. Government CI shall not be publicized in corporate wide newsletters, trade magazines, displays, internet page or public websites. All transmission to personal email accounts (AOL, Yahoo, Gmail, Hotmail, Comcast, etc.,) and posting on social media websites (Facebook, Instagram, Twitter, LinkedIn, etc.,) are strictly prohibited. Media requests related to this project shall be directed to PHNSY & IMF Public Release Authority.

9.6 The contractor and its personnel should realize that disclosure or compromise of CI to unauthorized persons, whether willfully or through gross negligence, carelessness, or indiscretion, may warrant action to remove the individual assigned or to terminate the awarded contract. Furthermore, such conduct may be cause for criminal prosecution and imposition of criminal and civil penalties.

9.7 The contractor shall protect Controlled Unclassified Information (CUI) at all times. CUI consist of but is not limited to unclassified information requiring safe guarding and dissemination controls, consistent with applicable law, regulation, or government-wide policy. Any attempt by unauthorized third parties to solicit, obtain, photograph or record incidents of loss or compromise of CUI or other pertinent sensitive information related to this contract shall be immediately reported to the organization’s Command Security Manager and the COR.

10.0 CONTRACTOR PERSONNEL

10.1 The contractor shall furnish sufficient personnel to perform all work specified within this performance work statement. 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.”

10.2 Contractor personnel shall not establish an employee-employer relationship with government personnel under this contract.

10.3 The contractor shall not provide personal services.

10.4 Contractor personnel shall make clear to all individuals they engage with that they are contractor employees and not government employees. When participating and introducing themselves during official events wherein government, non-government, or foreign personnel are present, contractor personnel shall identify themselves as employees of the contractor. Contractor personnel must be clearly identified (i.e. company shirt, pin, visible company ID, etc.) in a visible location as to who their employer is.

10.5 Contractor personnel shall not manage, supervise, or task government employees or military personnel. Contractor personnel may not make any commitment to non-government personnel, including a foreign official, which commits the expenditure of U.S. government resources.

10.6 Facilities may close due to local or national emergencies, administrative closings, or other government directed facility closings. Contractor access to government facilities during closures is not permitted.

11.0 PLACE OF PERFORMANCE

11.1 The place of performance shall be on-site at PHNSY & IMF Building 155, in the Controlled

Industrial Area (CIA).

12.0 PERIOD OF PERFORMANCE

13.1 To be determine at award of the contract. The contractor shall complete the performance requirements of this contract no later than the end of the Period of Performance.

13.0 HOURS OF OPERATION

13.1 First shift working hours are from 0630 to 1500 hours, daily Monday through Friday, excluding Holidays.

13.2 Second shift working hours are from 1430 to 2300 hours, daily Monday through Friday, excluding

Holidays.

13.3 Second shift working hours may be requested by the Government to complete contract work.

13.4 If the Federal holiday falls on a Saturday, the holiday is observed on the preceding Friday. If the Federal holiday falls on a Sunday, the holiday is observed on the following Monday.

New Year’s Day 1st of January Dr. Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day 4th or 5th Monday in May Juneteenth 3rd Saturday in June Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday in October

Veteran’s Day 11th of November Thanksgiving Day 4th Thursday in November Christmas Day 25th of December

14.0 ATTACHMENTS

APPENDIX I Safety and Health Work Practices PHNSY & IMF (revised May 27, 2020)

APPENDIX II Environmental Protection Guidelines for Contractors on Facilities Projects at Pearl

Harbor Naval Shipyard & Intermediate Maintenance Facility (revised October 16, 2019)

APPENDIX III Contractor Security Requirements for Pearl Harbor Naval Shipyard & IMF’s Controlled

Industrial area, Controlled Nuclear Information Areas, Nuclear Work Areas and /or other sensitive areas, (revised June 2021)

APPENDIX IV PHNSY & IMF OPSEC Contract Requirements (March 21, 2022)

APPENDIX V Hot Work Checklist and Permit

APPENDIX VI NAVFAC P-307 Management of Weight Handling Equipment (June 2016)

REQUIRED:

Contractors shall meet the requirements of all solicitation and award attachments.

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

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

MAY 2022

52.219-1 Alt I Small Business Program Representations (SEP 2021) Alternate I

SEP 2015

52.219-14 Limitations On Subcontracting SEP 2021 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 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 NOV 2021 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 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

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

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 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

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.219-7011 Notification to Delay Performance JUN 1998 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 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

ADDENDUM TO FAR 52.212-1

Quote Preparation Instructions:

The Offeror shall submit a proposal for consideration no later than the due date and time listed in this solicitation.

The Offeror shall submit their proposal in a format readable by Microsoft (MS) Word 2010, Adobe Acrobat X Pro, MS Excel 2010, and MSPower Point 2010.

All offers shall meet all the requirements set forth in the solicitation. In order to evaluate Price Reasonableness, additional cost information may be requested to supplement the Government’s evaluation.

Offerors shall submit the following with their proposal:

a. Submit a completed and signed copy of the solicitation indicating agreement to the provisions and clauses therein. Each offeror shall annotate the unit price per CLINS and the corresponding total. Additionally, offerors are to fill out the following clauses in the solicitation:

- 52.204-24

- 52.204-26

- 52.222-22

b. All offerors are to acknowledge the solicitation and any amendments. If an offeror is registered in SAM

(System for Award Management), they must acknowledge 52.212-3(b)(2).

c. Submit a written Technical Approach in accordance with the Performance Work Statement (PWS).

Describe in detail your company's approach to meeting all of the tasks required by the PWS, limit three (3) pages.

The Offeror shall submit their proposal electronically via email to the designated POCs below:

LYNDON PALOMA – lyndon.paloma@navy.mil

LYN URATANI – lyn.uratani@navy.mil

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to theresponsible 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

(ii) Past Performance

(iii) Price

Award will be made to the responsive and responsible offeror determined to be the Lowest Price Technically Acceptable (LPTA) offer.

(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

EVALUATION

Basis for contract award - This acquisition is being conducted under FAR Parts 12 and 13. Quotes will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this Addendum. Award will be made utilizing a Lowest Price Technically Acceptable (LPTA) source selection method.

Specifically, the evaluation process shall proceed as follows:

First, the quotes will be ranked in order from lowest to highest based on the price. The lowest priced quotation will then be evaluated and receive a rating of Acceptable or Unacceptable based on the criteria below. In order to be rated as Acceptable, the Technical quote must meet the government's minimum requirements as described in the schedule, the 52.212-1 provision, and this 52.212-2 Addendum provision. Quotes deemed Unacceptable are those that fail to meet the Government's minimum requirements.

Past performance will then be evaluated and assigned a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the past performance must present either a reasonable expectation that the quoter will successfully perform the required effort or that the quoter’s performance record is unknown.

If the lowest priced quoters Technical quote and past performance are rated acceptable, the government will then evaluate pricing to determine fair and reasonableness per FAR 13.106-3.

If the lowest priced quotation is evaluated to have an acceptable technical quote, acceptable past performance, and fair and reasonable prices, per FAR 13.106-3, the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the Government may stop the evaluation process at this point as that quote represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotes.

If the lowest priced quotation is assigned an unacceptable rating (either technical or past performance), or if the price is determined not fair and reasonable or if the Quoter is found to be non-responsible, the next lowest priced quote will be evaluated. This process will continue (in ascending order) until aquoter is evaluated to have an acceptable technical rating, an acceptable past performance rating, fair and reasonable prices and the quoter is deemed responsible or until all offers have been evaluated.

The Government reserves the right to evaluate all quotes.

Factor 1: Technical Acceptability

TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable Quote meets the requirements of the solicitation and clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS.

Unacceptable Quote does not meets the requirements of the solicitation and clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS.

Factor 2: Past Performance

The Government will conduct a performance risk assessment the quoter’s record of past and current performance, as well as that of its proposed subcontractors and team member as it relates to the probability of successfully performing the requirements of the solicitation. The past performance evaluation will consider the quoter's demonstrated recent (within the past three years) and relevant (similar in size and scope to the services identified in the schedule) record of performance in supplying services that meet the solicitation’s requirements. Quoter’s are advised that, in conducting the past performance assessment, the Government may use data provided in the Quoter’s proposal and data obtained from other sources.

Past performance will be rated on an “acceptable” or “unacceptable” basis.

PAST PERFORMANCE EVALUATION RATINGS

RATING DESCRIPTION

Acceptable Based on the quoter’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the quoter’s performance record is unknown. (See note below.)

Unacceptable Based on the quoters’s performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort.

Note: In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Factor 3: Price

In order to be considered for award, price must be determined fair and reasonable and balanced (or if unbalanced pricing exists that it does not pose an unacceptable risk to the government) using one or more techniques set forth in

FAR 13.106-3.

The Government reserves the right to award no contract at all depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award a single contract without requesting or accepting revised quotes. Therefore, the quoters will be advised that their initial quote should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and hold discussions, if deem necessary.

(End of provision addendum)

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

COMMERCIAL SERVICES (MAY 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. 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…