N32253-24-Q-0058 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

N3225324Q0058 10-Jun-2024

b. TELEPHONE NUMBER

(808)473-8000 X 5193

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 10 Jul 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

PATRY A SOCIAS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 808-473-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

238990

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)

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.

N3225324Q0058

Section SF 1449 - CONTINUATION SHEET

GENERAL INFORMATION

GENERAL OVERVIEW OF DRY DOCK MCDONOUGH CONSTRUCTION HOIST IDIQ

The purpose of this contract is to establish an Indefinite Delivery Indefinite Quantity (IDIQ) for the dismantling and erection of the McDonough Construction Hoist and replacement of the safety devices.

CONTRACT TYPE

This acquisition will result in a Single Award Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Firm- Fixed Price (FFP) task orders.

NAICS CODE

The NAICS Code is 238990- All Other Specialty Trade Contractors. The size standard associated with this NAICS is $19,000,000.00.

This industry comprises establishments primarily engaged in specialized trades (except foundation, structure, and building exterior contractors; building equipment contractors; building finishing contractors; and site preparation contractors). The specialty trade work performed includes new work, additions, alterations, maintenance, and repairs.

DESCRIPTION OF WORK

The Contractor will provide the dismantling and erection of the McDonough construction hoist and replacement of the safety devices. The Construction Hoist is a McDonough model NOV3242 eUPF7 in the Dry Docks, which is inclusive of the landing gate/enclosure, tower mast, elevator car, base frame, buffer stand, tie-ins and all peripherals and electrical components.

Contractor shall provide all labor, services, and equipment needed, including qualified technicians from the OEM to dismantle and erect the McDonough construction hoist.

PLACE OF PERFORMANCE

The place of performance for the work under this acquisition is Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility JBPHH, HI 96860.

PERIOD OF PERFORMANCE

The IDIQ contract ordering period is for five years. The Period of Performance for each Task Order (TO) shall not exceed 12 months. All TO’s shall be issued within the ordering period established in the resultant contract.

CONTRACT MAXIMUM/TASK ORDERS MAXIMUM

The maximum quantity of jobs of dismantling and erection is 10 per the five-year period. All TO’s shall be issued within the ordering period established in the resultant contract.

MINIMUM GUARANTEE

The guaranteed minimum for the IDIQ will be set at $3,000.00 and will be issued with the first task order at the base contract award. Subsequent funding will be provided at the Task Order level and will reflect the government’s bona fide need.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

10 Job

Dismantling of Construction Hoist

FFP

Contractor to perform the dismantling of the McDonough construction hoist model NOV3242 UPF7 and replacement of the safety devices in the Dry Docks, which is inclusive of the landing gate/enclosure, tower mast, elevator car, base frame, buffer stand, tie-ins and all peripherals and electrical components.

Contractor shall provide all labor, services, and equipment needed, including qualified technicians from the Original Equipment Manufacturer (OEM) to dismantle the McDonough construction hoist in accordance with the PWS.

NOTE: Quantity listed is an estimate for five (5) ordering period.

FOB: Destination

MILSTRIP: N3225324RC91024

PSC CD: J035

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

10 Job

Erection of Construction Hoist

FFP

Contractor to perform the erection of the McDonough construction hoist model NOV3242 UPF7 and replacement of the safety devices in the Dry Docks, which is inclusive of the landing gate/enclosure, tower mast, elevator car, base frame, buffer stand, tie-ins and all peripherals and electrical components.

Contractor shall provide all labor, services, and equipment needed, including qualified technicians from the Original Equipment Manufacturer (OEM) to erect the McDonough construction hoist in accordance with the PWS.

NOTE: Quantity listed is an estimate for five (5) ordering period.

FOB: Destination

PSC CD: J035

MAX

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2024 TO

31-JUL-2029

N/A N/A

0002 POP 01-AUG-2024 TO

31-JUL-2029

N/A N/A

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

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00 10.00

1.00

10.00

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

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00

0002 1.00

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Dry Dock McDonough Construction Hoist Dismantle and Erection IDIQ 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, capabilities include excellence in overhauling, repairing, converting, alteration, refurbishing, and decommissioning of Navy vessels.

2.0 OBJECTIVE & SCOPE

2.1 PHNSY & IMF seeks to establish an Indefinite Delivery Indefinite Quantity (IDIQ) for the dismantling and erection of the McDonough , Original Equipment Manufacturer (OEM) Construction Hoist and replacement of the safety devices. The Construction Hoist is a McDonough model NOV3242 eUPF7 in the Dry Docks, which is inclusive of the landing gate/enclosure, tower mast, elevator car, base frame, buffer stand, tie-ins and all peripherals and electrical components.

Contractor will provide all labor, services, and equipment needed including qualified technicians from the OEM to dismantle and erect the McDonough Construction Hoist. The schedule of dismantle and erection of the elevator shall be determined by government representative and coordinated with the contractor. The desired result of these services is to dismantle/erect the McDonough Construction Hoist and replace the safety device as required to support Project work. The Construction Hoist dismantling and erection effort and safety device replacement are above and beyond the current resource capacity of PHNSY & IMF’s production shops.

2.1.1 SAFETY DEVICE REPLACEMENT AND DISMANTLE / ERECTION SUMMARY

Safety Device Replacement per Year

Dismantle/Erection per Year

Minimum 1 1 Maximum 2 2

NOTE: Projected estimates are based on docking schedule last updated September 2023.

3.0 PERFORMANCE REQUIREMENTS

3.1 The contractor shall provide a factory trained and certified technician from the McDonough, OEM in order to maintain the manufacturer's warranty of the McDonough Construction Hoist model NOV3242 UPF7 and parts listed in section 3.7 of the PWS.

3.2 The contractor shall be factory trained and certified to work on STROS elevator and major components such as the safety device, overspeed brake assembly, VFD, and motor/brake/gearbox assemble.

3.3 The contractor shall provide one individual as a Project Manager who is responsible for the providing oversight and guidance for the dismantling and erection of the McDonough Construction Hoist model NOV3242 UPF7 and parts listed in section 3.7. The Project Manager shall coordinate with Code 1121 for physical security requirements.

3.4 Prior to commencing work, the contractor shall meet in conference with the government Technical

Point of Contact (TPOC), Contracting Officer’s Representative (COR) and necessary support personnel to discuss and develop mutual understandings relative to environmental, safety, schedule, and security.

3.5 The contractor will provide guidance for the Plan of Action (POA).

3.5.1 The dismantle POA will highlight disassembly plans for the McDonough Construction Hoist, model NOV3242 UPF7 and parts listed in section 3.7 for disassembly, relocation, staging, and packaging under this specification during the contract period of performance.

3.5.2 The installation POA will highlight erection of the McDonough Construction Hoist, model

NOV3242 UPF7 and parts listed in section 3.7 for installation, relocation, staging, and packaging under this specification during the contract period of performance. Erection is inclusive of the tests listed in the STROS Instructions Manual for Personnel and Materials Hoists. Nuts, washers, and bolts for erection of enclosure and K-Frame anchor nut bolts shall be provided by Contractor.

3.6 The contractor shall provide a Safety and Fall Protection Plans covering all aspects of safety for this project. The Safety and Fall Protection Plans 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 Appendix I for guidance regarding safety.

3.7 Itemized list of industrial equipment to be dismantled and removed:

Equipment Description Dimensions Qty Weight (lbs)

Elevator Car 13’6” x 4’11” x 9’8” 1 6000 Motor Sled Assembly 5’ x 3’ x 2’ 1 2900 20’ tower mast section 2’ x 2’ x 20’ 3 1800 10’ tower mast section 2’ x 2’ x 10’ 1 1000 Base Frame 14’5” x 7’10” x 5” 1 300 Buffer Stand 1’2” x 2’6” x 4’2” 1 200 Landing Gates 4” x 5’5” x 9’4” 2 220 Resistor Bank 1’1” x 3’4” x 3’6” 1 80 Rooftop Electric Cabinet 1’3” x 2’6” x 5’6” 1 300

Ties in 2

**PHNSY will disconnect main power to the construction hoist.**

4.0 SERVICE DELIVERY SUMMARY

Performance Requirement Reference Performance Threshold

1. Provide a Project Manager Paragraph 3.3 100% delivery and compliance.

2. Provide Guidance for Plan of Action (POA) Paragraph 3.5 100% delivery and compliance.

3. Provide Safety and Fall Protection Plans Paragraph 3.6 100% 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 Periodic Progress Meetings: 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.

5.4 Environmental/Safety compliance: The Government will monitor the Contractor, to ensure that the

Contractor’s EPP is being followed. The KO or designee retains the right to stop the Contractor from performing any work that violates environmental or safety regulations; the Contractor shall be in compliance prior to re-commencing the work.

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.

6.2 The Government will provide material handling and lifting equipment, rigging support services, and other support equipment (such as cranes, forklifts, man-lifts, etc.) necessary for continuous support and shall provide qualified personnel to operate it.

6.3 The Government may dedicate crane time for a period. However, if there is emergent work, the crane may not be available for a period of time.

7.0 GOVERNMENT FURNISHED PROPERTY

7.1 No government property will be furnished to the contractor.

8.0 CONTRACTOR QUALIFICATIONS

8.1 The Contractor shall demonstrate familiarity with dismantling and removal of the McDonough

Construction Hoist, model NOV3242 UPF7 and parts listed in section 3.7.

8.2 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.

8.3 Contractor shall comply with Safety and Health work practices specified in APPENDIX I.

8.4 Contractor shall comply with environmental guidelines specified in APPENDIX II.

8.5 Contractor shall comply with the contractor cranes on base in APPENDIX IV.

8.6 The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management. The contractor must maintain continuity between Code 987 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.

9.0 SECURITY REQUIREMENTS

9.1 The contractor shall follow all PHNSY &IMF security requirements as stated in paragraph 13.3

APPENDIX III.

9.2 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. Contractor will coordinate with building 3455 Pass Office or government designee in the completion of current form SECNAV 5512/1.

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

10.0 CONTRACTOR PERSONNEL

10.1 The contractor shall furnish sufficient personnel to perform all work specified within this performance work statement. 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 Pearl Harbor Naval Shipyard Dry Dock #1 and #2, in the

Controlled Industrial Area (CIA).

12.0 ESTIMATED WORK HOURS AND HOLIDAY SCHEDULE

12.1 PHNSY&IMF operates 24 hours per day. However, most PHNSY&IMF administrators work 0630 to 1500 hours, Monday through Friday, and do not work on Federal holidays.

12.2 Outside of 0630 to 1500 working hours may be performed with concurrence from the government TPOC and COR. The contractor shall submit a request in writing no later than one (1) week prior to scheduling work on second shift hours.

12.3 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.

12.4 Work will not be performed during the Holiday Curtailment period (last four working days of the year).

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 19th of 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

13.0 ATTACHMENTS – APPENDICES

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

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

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

13.3 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)

13.4 APPENDIX IV Contractor Cranes on Base (revised July 2021).

OPSEC: No OPSEC plan required; contractors shall meet the requirements of all solicitation and award attachments.

CLAUSES INCORPORATED BY REFERENCE

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

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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

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

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

52.216-27 Single or Multiple Awards OCT 1995 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

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

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 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

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

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 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7008 Only One Offer DEC 2022 252.225-7048 Export-Controlled Items JUN 2013 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7007 Termination for Default DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

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.

https://www.sam.gov/

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

ADDENDUM TO FAR 52.212-1

1) The Government intends to award a Fixed-Price contract to the Offeror whose quote represents the Lowest

Price Technically Acceptable (LPTA) after evaluation in accordance with the evaluation criteria below.

The Government intends to make an award on the basis of initial proposals without exchanges of information with Offerors, but reserves the right to enter into exchanges of information if deemed by the Contracting Officer to be necessary.

2) All firms or individuals responding must be registered with the System for Award Management (SAM) (https://www.sam.gov) by the award date. The solicitation document and incorporated provisions and clauses will be those in effect through Federal Acquisition Circular (FAC) 2024-04, DFARS DPN 03/26/2024, and NMCARS 18-22.

3) All quotation submissions need to include completion of FAR 52.204-24, 52.204-26 and 52.212-3.

4) To be considered for source selection all offerors are required to submit the following:

(a) On page 1 of the solicitation document (Standard Form 1449), fill out box 17a. to include Contractor name, address, telephone number, and CAGE Code; and sign and date.

(b) On pages 2, 3 and 4 of solicitation document (Standard Form 1449), fill out the total amount and unit price for CLIN: 0001 and 0002.

(c) A detailed price breakdown of all costs (e.g. labor, materials, equipment, travel cost, other direct costs, etc) that describes the contractor’s response to the requirements contained in the RFQ.

(d) Technical Approach: The technical proposal shall include a narrative statement that clearly demonstrates in depth knowledge and understanding of the McDonough construction hoist, model NOV3242 UPF7 and parts listed in section 3.7 of the PWS, including providing a qualified technician from the Original Equipment Manufacturer (OEM) to dismantle and erect the McDonough construction hoist.

The proposal must contain sufficient details so that it may be evaluated in accordance with the PWS and comply with the period of performance set forth in the solicitation.

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 will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical capability of the item offered to meet the Government requirement.

(ii) Price

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standard for non-cost factor of technical capability in accordance with 15.101-2(b)(1).

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM TO FAR 52.212-2

1. EVALUATION

a. Basis for Contract Award

This evaluation is conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, and (FAR) 15, Contracting by Negotiation as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and the Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically at the Federal Acquisition Regulation website, https://www.acquisition.gov/.

A contract may be awarded to the contractor who is deemed responsible IAW FAR 9.1, whose technical approach is deemed acceptable IAW the solicitation, and whose price is determined fair and reasonable.

Factor 1 – Technical Capability. Technical capability will be evaluated by Table 1 – Technical Ratings table below. If the offeror is deemed Unacceptable, then the price factor will not be evaluated.

TABLE 1- TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable…