N3904023R0003 0005 Mod Copy.pdf

SEE SCHEDULE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to clarify and align the submission requirements and evaluation factors. The response-by date has also been extended. All changes are detailed in the summary of changes section.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 31-May-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3904023R0003

X 9B. DATED (SEE ITEM 11)

24-Oct-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

30-May-2023

CODE

PORTSMOUTH NAVAL SHIPYARD

CONTRACTING DIVISION, CODE 410

BLDG 156, PNS

KITTERY ME 03904

N39040 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3904023R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 20-Mar-2023 12:00 PM to 30-Jun-2023 12:00 PM.

The following have been added by full text:

ADDITIONAL INFORMATION

RELEASE OF INFORMATION

During the performance of this contract, Naval Nuclear Propulsion Information (NNPI) may be developed or used.

Appropriate safeguards must be proposed by the contractor and provided to the Contracting Officer for Security for the safeguarding from actual, potential or inadvertent release of classified or unclassified NNPI in any form by the contractor. These safeguards shall ensure that access to NNPI is limited to those governmental and contractor parties, including subcontractors, that have an established need to know, and then only under conditions which assure that the information is properly protected. Access by foreign nationals or representatives of foreign interests is not permitted. In addition, any and all issuances or releases of such information beyond such necessary parties, whether or not ordered through an administrative or judicial tribunal, shall be brought to the attention of the Contracting Officer for Security.

The Contracting Officer for Security shall be immediately notified of any litigation, subpoenas, or requests which either seek or may result in the release of NNPI. In the event that a court or administrative order makes immediate review by the Contracting Officer for Security impractical, the contractor agrees to take all necessary steps to notify the court or administrative body of the Navy’s interest in controlling the release of such information through review and concurrence in any release.

The Contracting Agency reserves the right to audit contractor facilities for compliance with the above restrictions.

Exceptions to these requirements may only be obtained with prior approval from the Commander, Naval Sea Systems Command (104).

NOFORN

PUBLIC RELEASE OF INFORMATION - Information, data, photographs, sketches, advertising, etc., relating to the work under this contract which the contractor desires to release or publish shall be submitted to the Contracting Officer for approval eight (8) weeks prior to the desired release data. As part of the approval request, the contractor shall identify the specific media to be used as well as other pertinent details of the proposed release. All releases, regardless of tier of supplier, must have the prior approval of the Contracting Officer.

Except with the prior written consent of the Contracting Officer, or his designated representative, the contractor shall not, at any time during or after the performance of this contract, transmit or authorize the transmittal of any equipment or technical data, as defined below, (1) outside the United States; or (2) irrespective of location (i) to any foreign national, (ii) to any foreign organization (including foreign subsidiaries and affiliates of the contractor), (iii) to any government, or (iv) to any international organization.

As used in this clause, the following terms shall have the following definitions:

“United States” means the States, the District of Columbia, Puerto Rico, American Somoa, the Canal Zone, the Virgin Islands, Guam, and any area subject to the complete sovereignty of the United States.

“Equipment” means all supplies of the kind specified to be delivered under this contract, all component parts thereof, and all models or such supplies and component parts; but “equipment” does not include standard commercial supplies and component parts and models thereof.

“Technical data” means all professional scientific or technical information and data produced or prepared for the performance of this contract or for the operation, maintenance, evaluation or testing of any contract item, whether or not the information and data were specified to be delivered under this contract including, without limitation, all writings, sound recordings, pictorial reproductions, and drawings or other graphical representations; but “technical data” does not include such information and data on standard commercial supplies and component parts to the extent that the information and data do not relate to the use, operation, maintenance, evaluation, and testing of such supplies and component parts in or in connection with any item or component part thereof specified to be delivered under this contract.

The contractor agrees to insert in all subcontracts under this contract, provisions which shall conform substantially to the language of this clause, including the following:

Notwithstanding any other provisions of this clause, this clause shall not apply (I) where the transmittal or authorization for the transmittal of equipment or technical data is to be made pursuant to a contract or agreement to which the United States is a party, and (ii) where the transmittal is to be of equipment or technical data which the Contracting Officer, or his designated representative, has declared in writing to the contractor to be exempt from this clause.

EVALUATION PROCESS

GENERAL

1.0. Evaluation Methodology and Basis for Issuance of a Purchase Order.

1.1. The Government intends to issue a Purchase Order to any Offeror whose proposal complies with the RFQ requirements and is determined to be Acceptable under the Technical and Past Performance factors.

1.2. Compliance Review: The Government will compare the offeror's proposal to the Instructions to Offerors section within this solicitation in order to perform a compliance review. Any offeror's proposal determined non-compliant with the terms in the Instructions to Offerors section will not be evaluated and will not be further considered for execution of an order. Only offerors whose quotes are determined to be compliant will move to the Factor Evaluation process. The Government reserves the right to waive the Compliance Review if it is in the Government’s best interest.

1.3. Factor Evaluation: Proposals determined to be compliant with the requirements in the Instructions to Offerors section will be evaluated under the Technical and Past Performance factors based upon the criteria provided in 2.0 below. Only compliant proposals determined Acceptable under both factors may receive a purchase order. The Government intends to award purchase orders based upon the content of initial quotes and without negotiating with offerors after receipt of those initial quotes; as such, an offeror’s initial quote should contain sufficient information to satisfy the technical requirements. The Government does reserve the right, however, to negotiate with offerors whose initial quote proposals are unacceptable if it is in the best interest of the Government to do so. If negotiations are determined to be in the Governments best interest, the Government will only negotiate with those offerors whose quote proposals do not contain significant informational deficiencies. The Government will not negotiate with offerors whose quotes are determined to contain significant informational deficiencies; those offerors will be precluded from receiving a purchase order. As this is a competitive acquisition process, the source selection policies and procedures of FAR 15.3 apply.

2.0. Evaluation Factors.

2.1. Technical Capability (Factor 1). The Government will evaluate whether the Vendor has demonstrated an understanding of and the capability to perform this requirement in a manner that conforms to the contract as measured by the elements noted below. The Technical Capability factor will be rated at the Factor level. The individual elements will not be rated, but the Government’s evaluation of the elements, individually or collectively, will affect whether a quotation is rated Acceptable or Unacceptable.

Coatings and Non-Destructive Testing Procedures.

a. Whether the Vendor has submitted procedures to conduct the following coatings and/or non-destructive testing:

Ultrasonic Inspection Procedure in accordance with MIL-STD-2132E

b. Whether the procedures contain sufficient detail and demonstrate an understanding of and an ability to comply with all requirements within the prescribed specifications.

Quality Management and Material Control Systems:

a. Whether the Vendor has submitted documentation of its existing or future plan to comply with the standards and requirements in the following Clauses:

(i) FAR 52.246-11, Higher Level Contract Quality Requirements; and

(i) NAVSEA E-246-H020 Quality Management System Requirements (OCT 2018). Note, Vendors may propose alternatives to the requirements specified in this clause; any proposed alternatives are subject to approval by the Government.

b. Whether the submitted documentation provides adequate assurances of the Vendor’s understanding of and ability to comply with all the quality standards and requirements needed to produce Level I HX Pipe.

Subcontractors:

Whether the Vendor has indicated whether it plans to use subcontractors, teaming partners or affiliates to perform this contract.

If so, whether the Vendor has identifies those entities in its proposal (by name and CAGE Code); described their roles under the contract; identified whether they are approved to receive export-controlled information; and identified whether they have Quality Management and Material Control Systems and provided documentation demonstrating compliance with those requirements.

Technical Evaluation Ratings

Coatings and Non-Destructive Testing Procedures

Adjectival Rating Description Acceptable Submission clearly meets all requirements of the NDT Procedures Unacceptable Submission does not clearly meet all requirements of the NDT Procedures

Adjectival Rating Description Acceptable Submission clearly meets all requirements of the Control systems Unacceptable Submission does not clearly meet all requirements of the Control systems

Subcontractors:

Acceptable Submission clearly meets all requirements of the subcontractors

Unacceptable Submission does not clearly meet all requirements of the subcontractors

2.2. Past Performance (Factor 2).

The Government will evaluate Past Performance information to assess how well the Vendor and any proposed subcontractors, teaming/joint venture partners or affiliates (hereafter, subcontractor) performed on prior contracts / projects and to assess the likelihood of successful performance of this solicitation’s requirements. The Government will only evaluate Past Performance information that is recent and relevant and will focus on how well the contractor performed on the referenced contracts in the following areas:

Quality of Product of Service: The degree to which the products or services provided meet the requirements of the contract and the degree to which they were similar to this solicitation.

Delivery/Completion Schedule: The extent to which the Offeror satisfied customer requirements for contract completion in accordance with the agreed upon schedule.

The Government will use the following definitions to guide its evaluation:

Recent is any contract or project that has been performed within five (5) years, measured from the date this solicitation was issued. Information that fails to meet this condition will not be evaluated.

Relevant is defined as any contractor or project that is similar in scope and complexity to this effort.

Scope: Measures the similarity between the Past Performance information and requirements or tasks to be performed in the solicited effort.

Complexity: Measures the similarity of technical and managerial intricacy and required coordination and disciplines between the Past Performance information and the solicited effort.

The Government may consider past performance information obtained from sources other than those identified by the offeror, including Federal, State and local Government agencies, better business bureaus, published media and electronic databases including, but not limited to, Contractor Performance Assessment Reporting System (CPARS), the Product Data Reporting and Evaluation Program (PDREP), and the Supplier Performance Risk System (SPRS).

The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. This information will be used for the evaluation of past performance.

The Government will use the following ratings and definitions to evaluate the Past Performance factor.

1. Relevancy

Adjectival Rating Description

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires

2. Confidence Assessment Information that is not recent or relevant is not considered in the assessment of Past Performance Confidence. In conducting a performance confidence assessment, each Vendor shall be assigned one of the ratings below

Relevant Based on the Vendor’s performance record, the Government has a reasonable expectation that the Vendor will successfully perform the required effort, OR the Vendor’s performance record is unknown. (See Note Below)

Not Relevant Based on the Vendor’s performance record, the Government does not have a reasonable expectation that the Vendor will be able to successfully perform the required effort.

*NOTE: In the case of a Vendor 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 Vendor may not be evaluated favorably on past performance (see FAR 15.305(a)(2)(iv)).

2.3. Price (Factor 3).

The Price will be evaluated as Lowest Price Technically Acceptable, however, the Contracting Officer reserves the right to award to the vendor who provides a quote that is overall the most advantageous to the government.

2.4. Schedule (Factor 4).

Please provide your best delivery schedule

INSTRUCTIONS TO OFFERORS

COMMUNICATION WITH PORTSMOUTH NAVAL SHIPYARD (PNSY)

RFQ information and amendments will be made available through the Internet via SAM.gov which can be accessed at https://sam.gov/ and lists Business Opportunities for several naval activities including Portsmouth Naval Shipyard. Solicitations issued by the Shipyard can be found under command/site N39040. The cognizant PNS contract specialist can be contacted at email address:

thomas.g.fuller17.civ@us.navy.mil

Vendors will be required to submit a quote that will be evaluated in accordance with the specifications provided in the solicitation, FAR 52.215-1, Instruction to Offerors—Competitive Aquisition. Failure to include procedures for line items shall be cause for rejection of the proposal for those line items.

Quotes in response to this RFQ will be accepted via electronic transmission. Only quote proposals with original signatures submitted in accordance with FAR 52.215-1, Instructions to Offerors--Competitive Acquisition, of this solicitation will be accepted.

Potential Offerors will not automatically receive amendments to this solicitation and must check SAM.gov website periodically to obtain any amendments. At a minimum, it is recommended that Offerors check on a weekly basis.

Any amendments posted within five workdays of the scheduled closing date will include an extension to allow at least five workdays from the date when the amendment is posted to the closing date.

Potential Offerors who access the RFQ via SAM.gov are encouraged to submit the following information to the PNS Contract Specialist:

Company Name (including CAGE code) Point of Contact (including email address, telephone #) Postal address

ADDITIONAL INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL

The offer package shall consist of:

(1) Factor I – Technical Submission

(2) Factor II – Past Performance

(3) Factor III – Price

(4) Factor IV - Schedule

The Government will evaluate each Offeror’s understanding of the Government’s requirements and ability to perform the work on the basis of its quote/proposal. It is the Offeror’s responsibility to provide information and evidence that clearly demonstrates its ability to respond satisfactorily to the solicitation requirements. The Government may make multiple awards as detailed in M-215-H002 MULTIPLE AWARDS (NAVSEA) (OCT 2018).

Note: THE GOVERNMENT RESERVES THE RIGHT TO REJECT ANY QUOTE PROPOSAL THAT DOES

NOT COMPLY WITH THESE QUOTE PREPARATION/SUBMISSION INSTRUCTIONS.

1.1 QUESTIONS

It is the Offeror’s responsibility to bring to the attention of the Contracting Officer any ambiguities, discrepancies, inconsistences or conflicts between the SOW (TOD) and/or other solicitation documents attached hereto or incorporated by reference.

2.0 INSTRUCTIONS FOR SUBMISSION OF OFFERS

2.1 GENERAL

Quotes must be submitted by the solicitation closing date and time specified on the cover page of this solicitation, block (8). Offerors must comply with the detailed instructions for the format and content of their quote; proposals that do not comply with the detailed instructions for the format and content of their quote may render the offeror ineligible for award.

2.2 PROPOSAL SUBMISSION

Quote packages may contain multiple attachments, but must be received by a single, one-time transmission method. This may be accomplished by a single email, the use of DoD SAFE, or by USPS by the closing date/time in order to be considered. The Government is not responsible for retrieving information as part of the quote proposal. Allow for transit if applicable prior to the close-date.

If sent using United States Postal Services:

Contracting Department Attn: Tom Fuller, Code 410 Building 156 Portsmouth Naval Shipyard Kittery, ME. 03904

Electronic Mail (E-Mail):

thomas.g.fuller17.civ@us.navy.mil

DoD SAFE:

Contact Tom Fuller to arrange a drop and pickup

(207) 690-1655

Failure to submit a complete quote package prior to the solicitation closing date and time will render the quote late and unacceptable.

2.3 PROPOSAL FORMAT

In order to maximize efficiency and minimize the time for quote evaluation, all offerors shall submit their quotes in accordance with the format and content specified. A neat, professional quote proposal package shall be prepared so that if printed, it meets the following format requirements:

-8.5 x 11 inch paper -Single-spaced typed lines

-No graphics or pictures (brochure-manship) other than graphs/tables/charts as may be required or necessary -Tables/Graphs/Charts are allowed for the staffing plan -1 inch margin -12-point Times New Roman Font text (8-point font permitted in necessary graphs, charts).

-No hyperlinks -All filenames shall include the offeror’s company name and title/subject of file content; all files shall be named with the file extension .doc, .docx, .xls, .xlsx, .ppt, .pptx or .pdf.

-All supporting Price Data shall be provided in Microsoft Excel software, with all files named with the file extension .xls or .xlsx -Instructions regarding the use of certain electronic products (i.e., Microsoft Office, Excel, Adobe) listed herein shall not be construed as Government endorsement of specified products.

-Any other attached documents requested herein shall be compatible with Microsoft office.

-Compression tools are limited to PKZip or WinZip. The font size for text contained in embedded graphics (tables and illustrations) shall be no smaller than 8 point Times New Roman font.

-Offerors shall have all subcontractors submit proposal information in a uniform format consistent with the above instructions.

2.3.1 PAGE NUMBERING

The Offeror shall use a standard page numbering system to facilitate quote proposal references.

Consecutive pages to be numbered within sections. Charts, graphs and other insert materials shall be page numbered as part of the page numbering system.

2.3.2 PAGE LIMITATIONS

Page limitations are identified for each volume/section of the quote package, as described in section 3.0 below and will be treated as maximums. If exceeded, excess pages may not be read or considered in quote evaluation. When both sides of a sheet display printed material, it shall be counted as two pages. Graphs, charts, and tables are included in the page count. The following are not included in the page limitations:

-Title/Cover pages and brief introductory -Tables of contents -Glossaries of abbreviations and acronyms -Letters of intent for key personnel or subcontractors/consultants -Proposal Cross-Reference Tables

2.3.3 COVER PAGE, TABLE OF CONTENTS, PROPOSAL CROSS REFERENCE TABLE

Each proposal volume must include a Cover Page and a Table of Contents. The Cover Page shall identify the solicitation number, amendment number, proposal volume and title, and the Offeror’s name. Volume I shall include a Master Table of Contents and a Proposal Cross-Reference Table. The Proposal Cross-Reference Table shall indicate the required proposal content and the section/page number where this content appears in the proposal.

Cover Pages, Tables of Contents and the Proposal Cross-Reference Table will not count against page limitations.

2.3.4 GLOSSARY OF ABBREVIATIONS AND ACRONYMS

Each volume shall contain a glossary which includes all abbreviations, acronyms and their corresponding definitions. Glossaries will not count against page limitations.

2.3.5 PRICING INFORMATION

Within the content of a quote package, an offeror shall clearly define their best pricing terms.

2.3.6 FILE NAMING CONVENTION

All electronic files must be submitted in the following formats:

Technical_CompanyName_DocumentName_Vol# Example: Technical_PNSY_Technical Capability_Vol_I Past Performance_CompanyName_DocumentName_Attachment#_Vol# Example: PastPerformance_PNSY_Previous Contracting Efforts_Volume II

3.0 PROPOSAL ORGANIZATION

The proposal shall be limited to the following submission and page information:

3.1 Volume I – Technical Approach

Offerors are to ensure that all Technical Approach information is presented under the Technical Approach Factor (when applicable).

3.2 Volume II – Past Performance

Past Performance will be screened via the Contractor Performance Assessment Reporting System, the Supplier Performance Risk System, PQDR’s, and any relevant information made available to the Contracting Officer. These sources use the criteria in FAR 15.305(a)(2), as applicable, and in conjunction with other provisions of this solicitation.

3.3 Volume III – Price

The Price will be evaluated as Lowest Price Technically Acceptable, however, the Contracting Officer reserves the right to award to the vendor who provides a quote that is overall the most advantageous to the government. Offerors should clearly identify their best pricing and discount terms.

3.4 Volume IV - Schedule

Offerors are to clearly identify their proposed delivery schedule

4.0 PROPOSAL CONTENT

4.1 PROPOSAL

The submission to the Government of a quote proposal shall indicate the Vendor’s unconditional agreement to the terms and conditions in this solicitation. In evaluating a Vendor’s capability, the Government shall consider how well the Vendor complied with the instructions in the solicitation

4.2 Volume I – Technical Capability (Factor 1)

Vendors shall demonstrate their Technical Acceptability by providing the information required under the following elements: (i) Non-Destructive Testing Procedures; (ii) Quality Management and Material Control Systems; and (iii) Subcontractors.

Non-Destructive Testing Procedures:

a. Vendors shall submit procedures to conduct the following non-destructive testing as required by the technical ordering data (TOD) of the following individual Line Item(s):

0003 PIPE,SML,3IN

0004 Data Requirements – Ultrasonic Inspection Procedure in accordance with MIL-STD-2132E

0005 ATSM-A-312,12IN,3SCH10S,304

0004 Data Requirements – Ultrasonic Inspection Procedure in accordance with MIL-STD-2132E

b. The procedures must contain sufficient detail to demonstrate compliance with all requirements within the prescribed specifications. For example, the procedures should detail all steps in the process and identify, as applicable, all chemicals, test methods and frequencies, equipment and materials to be used together with manufacturer’s names, methods of control, time limits, temperature and pH values and all other pertinent details that will ensure compliance with the requirements of the specification.

c. All procedures intended to be utilized by the offeror must be provided in response to this solicitation. Previously approved NDT procedures may not soley be referenced, but can be resubmitted.

d. Approved procedures are to be considered valid for the entirety of the contract unless later revisions of the applicable MILSPEC are implemented by PNSY. Vendors will be apprised if such changes are to be implimented.

a. Vendors shall submit documentation that demonstrates its existing or future plan to comply with the standards and requirements in the following Clauses:

(i) FAR 52.246-11, Higher Level Contract Quality Requirements; and

(i) NAVSEA E-246-H020 Quality Management System Requirements (OCT 2018). Note, Vendors may propose alternatives to the requirements specified in this clause; any proposed alternatives are subject to approval by the Government.

b. Documentation may include certifications, procedures and manuals. Vendors may not rely upon the certifications of any proposed subcontractors, teaming/joint venture partners or affiliates to satisfy this requirement, unless those certifications clearly indicate that they also apply to the Vendor at the time of proposal submission.

Subcontractors:

Vendors that intend to use subcontractors, teaming partners or affiliates shall clearly identify those entities in their quote (by name and CAGE Code); describe their roles under the contract; identify whether they are approved to receive export-controlled information; and identify whether they have Quality Management and Material Control Systems and provide documentation demonstrating compliance with those requirements.

4.3 Volume II – Past Performance (Factor 2)

4.3.1 Past Performance Submission.

Past performance information is required for the Vendor and all subcontractors, teaming/joint venture partners, and affiliates (hereafter, subcontractor) that are proposed to perform on the contract. In order to facilitate the Government’s evaluation of this factor, the Vendor shall provide at least three (3) previous projects or contracts for the Vendor and for any proposed subcontractor that have been performed within the last five (5) years and are relevant to the effort required by this solicitation. The Government will only evaluate projects or contracts that have been performed.

For each contract or project, provide the following information: (i) customer’s name, organization and contact information; (ii) contract or project number and title; (iii) dates of performance (identify start and end dates using months and years); (iv) the dollar value of overall contract or project and the dollar value of the work performed by the entity seeking credit for the Past Performance; (v) a description of the work performed and how it is relevant to the current solicitation; (vi) whether the prior project was performed as a prime contractor or subcontractor, (vii) any negative comments or assessments regarding the Vendor’s or subcontractor’s performance; and (viii) copies of any Contract Performance Assessment Reports or similar assessments, if available.

If the Vendor proposes to use a subcontractor, the Vendor shall submit a consent letter, signed by each subcontractor, which authorizes the Government to release adverse Past Performance information about that subcontractor to the Vendor to enable the Vendor to respond to such information during the evaluation process. If the Vendor or any of its subcontractor rely upon contracts or projects performed for a commercial customer, the Vendor or subcontractor shall submit a letter, signed by that customer, which authorizes that customer to release past performance information about the Vendor or subcontractor to the Government

4.4 Volume III – Price (Factor 3)

Please provide your best pricing and any discount terms

4.5 Volume IV – Schedule (Factor 4)

Please provide your best delivery schedule.

4.6 Volume V – Contract Information

4.6.1 Cover/Forwarding Letter

Offerors shall provide a cover letter with the following information:

(1) Solicitation number;

(2) The name, address, electronic-mail address, and telephone and facsimile numbers of the Offeror;

(3) A statement specifying the extent of agreement with all terms, conditions and provisions included in the solicitation and agreement to furnish any or all items upon which prices are proposed at the price set opposite each item;

(4) A statement that the quote proposal is valid through 60 calendar days from the date specified for receipt of proposals:

(5) Names, titles, telephone and facsimile numbers, e-mail addresses of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation;

(6) Name, title and signature of person authorized to sign the quote proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office;

(7) Identify all enclosures being transmitted as part of its quote proposal; and

(8) Identification of any exceptions the Offeror takes to the terms and conditions of the solicitation.

4.6.2 Clause and Provision Fill-ins

Offerors shall provide clause and/or provision Fill-ins, as applicable, in this Volume.

4.6.3 Organizational Conflict of Interest Mitigation Plan (if applicable)

Due to the nature and scope of the work encompassed by this solicitation, the Government requires that there be no conflict which would preclude the prime contractor from performing any portion of the Statement of Work, regardless of whether it intends to subcontract that portion. Due to the nature of the work outlined in the technical ordering data (TOD), the Government anticipates that organizational conflicts of interest (OCIs), including impaired objectivity OCIs, will arise for Offerors that perform under other contracts within the cognizance of PNSY as prime contractor or subcontractor for touch labor that will be covered by this solicitation.

If any Offeror may have an OCI the Offeror must notify the Government and must submit an OCI mitigation plan with its proposal. Failure by an Offeror that has identified a potential OCI or an eliminated OCI to submit an OCI mitigation plan with its proposal shall be considered grounds for disqualification from award of a purchase order.

The Government will not accept mitigation measures for impaired objectivity OCIs. For any OCI, the Government will not accept mitigation or elimination measures:

(1) That creates an additional burden on the Government to implement;

(2) That involve directed subcontractors or creating separate lines of reporting or any modification to the Government/prime contractor relationship; or

(3) That is deemed in the sole discretion of the contracting officer to provide insufficient organizational independence between the prime contractor or a subcontractor under this agreement and a prime contractor or subcontractor for touch labor that will be covered by this solicitation.

This is not an exhaustive list of measures that will be considered inadequate to protect the Government. It is an illustrative list provided in an effort to ensure that all Offerors understand the Government’s expectations and intent to avoid OCIs. The Government reserves the right to determine whether or not any mitigation plan provided by an Offeror is sufficient to protect the Government. The Government also does not intend to accept any mitigation measures that involve additional oversight or commitment of resources by the Government, such as agency review of contractor deliverables, internal review of task assignments for OCI before issuance, or formalized monthly reviews of work performed and projected. All Offerors are directed to review and comply fully with the OCI clauses included in this solicitation.

INSTRUCTIONS TO RECEIVE DATA

Contracting Officer's point of contact is:

Tom Fuller, Code 410 Tel: 207-690-1655

Please see text K-227-W001 INSTRUCTIONS FOR OBTAINING EXPORT-CONTROLLED TECHNICAL

DATA (NAVSEA) (MAY 2022)

PLACE OF PERFORMANCE

PLACE OF PERFORMANCE (PROCUREMENT QUALITY ASSURANCE AT ORIGIN) WITH FINAL

INSPECTION AND ACCEPTANCE AT DESTINATION

The bidder or offeror shall furnish the following information:

A. Name and location of principal producing facility of the supplies or services to be furnished:

Name Street City, State, Zip

B. Name(s) and address(es) of the firm(s) or person(s) owning or operating the facility in (A) above, of other than the bidder/offeror:

C. Name and location of facility where QC (initial inspection) will be performed if different from (A) above:

Note: If this procurement is a set-aside for small business, bidder/offeror represents that the firm whose name is inserted above [ ] is, [ ] is not a small business.

K-227-W001 INSTRUCTIONS FOR OBTAINING EXPORT-CONTROLLED TECHNICAL DATA (NAVSEA)

(MAY 2022)

(a) An offeror may not receive export-controlled technical data, which is specified in this solicitation, unless the offeror is a qualified U.S. contractor as defined in paragraph (b). See paragraph (c) and (d) for instructions on becoming a qualified U.S. contractor. Questions about this program or DD Form 2345 should be addressed to U.S./Canada Joint Certification Office, Defense Logistics Information Services (DLIS), Federal Center, 74 Washington Avenue North, Battle Creek, MI 49017-3084; or telephone (877) 352-2255; or email jcp-admin@dla.mil.

(b) By Department of Defense (DOD) Directive 5230.25 (hereinafter referred to as “the Directive”), a program was established to allow Qualified U.S. Contractors to obtain export-controlled technical data under certain conditions. A "Qualified U.S. Contractor" is a private individual or enterprise (hereinafter described as a "U.S.

Contractor") that, in accordance with procedures established by the Under Secretary of Defense for Research and Engineering, ☐ certifies ☐ does not certify, as a condition of obtaining export-controlled technical data subject to the Directive from the Department of Defense, that:

(1) The individual who will act as recipient of the export-controlled technical data on behalf of the U.S.

Contractor is a U.S. citizen or a person admitted lawfully into the United States for permanent residence and is located in the United States;

(2) Such data is needed to bid or perform on a contract with the Department of Defense, or other U.S.

Government agency, or for other legitimate business purposes in which the U.S. Contractor is engaged, or plans to engage. The purpose for which the data is needed shall be described sufficiently in such certification to permit an evaluation of whether subsequent requests for data are related properly to such business purpose.

(3) The U.S. Contractor acknowledges its responsibilities under U.S. export control laws and regulations (including the obligation, under certain circumstances, to obtain an export license prior to the release of technical data within the United States) and agrees that it will not disseminate any export-controlled technical data subject to the Directive in a manner that would violate applicable export control laws and regulations.

(4) The U.S. Contractor also agrees that, unless dissemination is permitted by the Directive, it will not provide access to export-controlled technical data subject to the Directive to persons other than its employees or persons acting on its behalf, without the permission of the DOD component that provided the technical data.

(5) To the best of its knowledge and belief, the U.S. Contractor knows of no person employed by it, or acting on its behalf, who will have access to such data, who is debarred, suspended or otherwise ineligible to perform under U.S. Government contracts; or has violated U.S. export control laws or a certification previously made to the Department of Defense under the provisions of the Directive.

(c) Private individuals or enterprises are certified as Qualified U.S. Contractors by submitting a DD Form 2345 to U.S./Canada Joint Certification Office, Defense Logistics Information Services, Federal Center, 74 Washington Avenue, North, Battle Creek, MI 49017-3084.

(d) Canadian contractors may be qualified in accordance with the Directive for technical data that do not require a license for export to Canada under section 125.12 of the International Traffic in Arms Regulations and sections 379.4(d) and 379.5(e) of the Export Administration Regulations, by submitting an equivalent certification to the DLIC.

(End of text)

The following have been deleted:

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-2 Evaluation - Commercial Items NOV 2021

(End of Summary of Changes)