N3904025Q2955 Combined Synopsis Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION NOTICE:

Requirement Title: Flat Barge Rental

Solicitation Number: N3904025Q2955

Response Deadline: Thursday May 8, 2025 @ 11 AM ET

POC: David Agea / Cell: 207-994-0614 / Email: david.a.agea.civ@us.navy.mil

GENERAL INFORMATION:

1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued Paper copies of this solicitation will not be available. This combined synopsis/solicitation SHALL be posted on SAM.gov.

2. This solicitation documents and incorporates provisions and clauses in effect through FAC 2025-03 and DFARS Change Notice 2025-0117. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/change_notices.html.

3. This solicitation is being issues as a(n): Request For Quotation (RFQ)

4. This acquisition is for: 100% Total Small Business Set-Aside

5. North American Industry Classification System Code (NAICS): 532411 – Commercial Air, Rail and Water Transportation Equipment Rental and Leasing

6. The size standard is: $45.5 (millions)

REQUIREMENT INFORMATION:

The Portsmouth Naval Shipyard requests responses from sources capable of providing the following:

Period of Performance: 07/07/2025 – 07/06/2026 Place of Performance: Naval Base New London Groton, CT

METHOD OF PROPOSAL SUBMISSION:

Offers shall be emailed. All responsible sources may submit a quote which shall be considered by the agency.

System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.

All quotes shall include:

1. Completed RFQ.

2. Mobilization/lead time of barge rental.

3. Applicable supporting documentation for technical evaluation in accordance with the instructions in

Clause 52.212-1.

4. Applicable supporting documentation for past performance evaluation in accordance with the instructions in Clause 52.212-1.

REQUEST FOR QUOTATION

N3904025Q2955

CUI

THIS IS NOT AN ORDER

PLEASE PROVIDE DELIVERED PRICES, AVAILABILITY, AND PRICE SOURCE WITH QUOTE

REFERENCE # N3904025Q2955 DUE DATE: 05/08/2025 11:00 AM ET

From: Portsmouth Naval Shipyard Your company info:

david.a.agea.civ@us.navy.mil Name:

Contracting, Code 410 POC:

Kittery, ME 03904 (P) PHONE: 207-994-0614 Email:

Cage Code:

BUSINESS SIZE (circle one): SMALL LARGE PAYMENT TERMS ______%______DAYS

MOBILIZATION TIME: _________ARO PRICES DERIVED FROM (CHECK ONE)

F.O.B. DESTINATION, Y____N____ ___COMMERCIAL PRICE LIST DATED

IF NO, SHIPPING COST__________. ___INTERNAL PRICE LIST DATED

___OTHER ( PLEASE EXPLAIN )

Please indicate your preferred payment method by checking one of the options below. Payment options available are WAWF and GCPC: Government Commercial Purchase Card (up to $100,000). Please ensure that you register for WAWF (www.wawftraining.com) GCPC_____ WAWF (Wide Area Workflow) __X__

*Please note that purchase card orders are not paid up front. Once material is received, a Government cardholder may be contacted for purchase card information.

_X__ If checked, to be awarded on an “All or None” basis, and CPARS evaluation procedures apply.

YOUR SIGNATURE___________________________________DATE________________________

ITEM DESCRIPTION QTY Unit Price Total

0001 Flat Barge Rental in accordance with the Statement of Work.

12 Months

0002 Towing to and from location. 2 Jobs

Total

Period of Performance: 07/07/2025 – 07/06/2026 Place of Performance: Naval Base New London Groton, CT For evaluation purposes, please provide any applicable procedures and technical information. If no information is provided, your quotation may be determined to be unresponsive.

Award may be made on the basis of adherence to the schedule and/or soonest mobilization.

Please provide published commercial labor rates and breakdown of total prices, if applicable, for Price Justification purposes.

See Below for Applicable Clauses.

ALL OFFERS SHALL INCLUDE THIS FORM FILLED OUT IN ITS ENTIRETY (HIGHLIGHTED YELLOW

FIELDS ARE REQUIRED).

CLAUSES:

Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provisions and clauses are applicable to this procurement:

FAR Clauses:

52.201-1 Acquisition 360: Voluntary Survey. SEPTEMBER 2023 52.203-3 Gratuities. APRIL 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUNE 2020 52.203-7 Anti-Kickback Procedures JUNE 2020 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions SEPTEMBER 2024 52.203-12 Limitation On Payments To Influence Certain Federal Transactions JUNE 2020 52.203-13 Contractor Code of Business Ethics and Conduct NOVEVMBER 2021 52.204-7 System for Award Management. NOVEMBER 2024 52.204-9 Personal Identity Verification of Contractor Personnel JANUARY 2011 52.204-13 System for Award Management Maintenance. OCTOBER 2018 52.204-16 Commercial and Government Entity Code Reporting. AUGUST 2020 52.204-18 Commercial and Government Entity Code Maintenance. AUGUST 2020 52.204-19 Incorporation by Reference of Representations and Certifications. DECEMBER 2014 52.204-22 Alternative Line Item Proposal JANUARY 2017 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. NOVEMBER 2021 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment NOVEMBER 2021 52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures.

DECEMBER 2023

52.209-7 Information Regarding Responsibility Matters OCTOBER 2018 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOVEMBER 2015 52.211-15 Defense Priority and Allocation Requirements. APRIL 2008 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.

NOVEMBER 2023

52.223-5 Pollution Prevention and Right-to-Know Information. MAY 2024 52.225-1 Buy American--Supplies OCTOBER 2022 52.228-5 Insurance-Work on a Government Installation. JANUARY 1997 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. JUNE 2020 52.232-8 Discounts For Prompt Payment FEBRUARY 2002 52.232-9 Limitation On Withholding Of Payments APRIL 1984 52.232-39 Unenforceability of Unauthorized Obligations JUNE 2013 52.234-1 Industrial Resources Developed Under Title III, Defense Production Act SEPTEMBER

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APRIL 1984 52.242-13 Bankruptcy JULY 1995 52.246-16 Responsibility For Supplies APRIL 1984 52.247-34 F.O.B. Destination JANUARY 1991

Additional DFARS contract terms and conditions applicable to this procurement are:

252.201-7000 Contracting Officer's Representative. DECEMBER 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. SEPTEMBER 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. DECEMBER 2022 252.203-7003 Agency Office of the Inspector General AUGUST 2019 252.203-7005 Representation Relating to Compensation of Former DoD Officials. SEPTEMBER 2022 252.204-7003 Control Of Government Personnel Work Product APRIL 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JANUARY 2023 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. OCTOBER 2016 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information JANUARY 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. MAY 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JANUARY 2023 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. JANUARY 2023 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. NOVEMBER 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. NOVEMBER 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. MARCH 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a

Country that is a State Sponsor of Terrorism MAY 2019 252.211-7003 Item Unique Identification and Valuation. JANUARY 2023 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JANUARY 2023 252.223-7008 Prohibition of Hexavalent Chromium. JANUARY 2023 252.225-7000 Buy American--Balance of Payments Program Certificate. FEBRUARY 2024 252.225-7001 Buy American and Balance of Payments Program. FEBRUARY 2024 252.225-7002 Qualifying Country Sources as Subcontractors. MARCH 2022 252.225-7012 Preference for Certain Domestic Commodities. APRIL 2022 252.225-7048 Export-Controlled Items JUNE 2013 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. MAY 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. JANUARY 2023 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-

Representation. JUNE 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

JUNE 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns. JANUARY 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018 252.232-7006 Wide Area WorkFlow Payment Instructions JANUARY 2023 252.232-7010 Levies on Contract Payments. DECEMBER 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment. DECEMBER 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. NOVEMBER 2023 252.247-7023 Transportation of Supplies by Sea. OCTOBER 2024

NAVSEA CLAUSES

C-204-H001 Use Of Navy Support Contractors For Official Contract Files(NAVSEA) OCTOBER 2018 C-223-H003 Exclusion of Mercury (NAVSEA) MARCH 2019 C-223-N002 Restrictions On Use Of Yellow Material (NAVSEA) OCTOBER 2018 F-247-H004 Restrictions For Shipping To Military Air Or Water Port/Terminal (NAVSEA) OCTOBER

G-232-H002 Payment Instructions (NAVSEA) FEBRUARY 2024 G-232-H005 Supplemental Instructions Regarding Invoicing (NAVSEA) JANUARY 2019 G-242-H001 Government Contract Administration Points-of-Contact and Responsibilities (NAVSEA)

(OCT 2023)

G-242-H002 Hours Of Operation And Holiday Schedule (NAVSEA) JULY 2021

Full Text Clauses

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUGUST 2020

(a) Definitions. As used in this provision—

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph

(c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ___ Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ___

Highest-level owner legal name: ___

(Do not use a ``doing business as'' name)

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT NOVEMBER 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 OCTOBER 2020

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

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

(c) Representations.

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

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION NOVEMBER 2015

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS AUGUST 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 FEBRUARY 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.

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE APRIL 2008

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES. SEPTEMBER 2023

I. GENERAL

In addition to FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES and any other instructions contained elsewhere in this solicitation, the following information is provided:

IMPORTANT NOTES:

(1) Vendors shall respond to all requirements of the solicitation document. Vendors are cautioned not to alter the solicitation.

(2) Initial quotes and any modifications thereto are to be submitted to the Contracting Office on or before the closing dated time cited elsewhere in this Request for Quote.

(3) Responses shall be submitted via email.

(4) Please review all specifications carefully and make note of all base access requirements.

II. CONTENT OF QUOTE

1. A complete and signed “Request for Quotations” (RFQ).

2. Acknowledgement of solicitation amendments (if not previously acknowledged).

3. A Point of contact, name, email address, phone/FAX number, CAGE Code.

4. Representations and Certifications completed by the vendor in accordance with instructions contained elsewhere in this solicitation. If the vendor has completed all of the representations and certifications required by this solicitation in SAM.gov in accordance with FAR 52.204-8, then the vendor need not submit the hardcopy Representations and Certifications.

5. Technical Submission as noted below.

6. Past Performance Submission as noted below.

7. Pricing Submission. Vendors shall provide firm, fixed prices for each CLIN on the RFQ and the information requested under L-212-W002 PRICE PROPOSAL – SPECIFIC REQUIREMENTS –

COMMERCIAL ITEMS (NAVSEA).

Factor 1 – Technical Acceptability Submissions:

Vendors shall demonstrate their Technical Acceptability by providing the following information: (i) Technical description of the items being offered in sufficient detail to evaluate compliance with the statement of work. This may include product literature or other documents that address the items 3.1.10 through 3.1.10.3 in accordance with the Statement of Work. See 52.212-1(b)(4) and L-212-W001, and (ii) Ability to Meet Delivery Schedule (delivery time).

Factor 2 – Past Performance Submission:

Past performance information is required for the vendor and any subcontractors that are proposed to perform at least 20% of the contract's value. To facilitate the evaluation of this factor, the Vendor may provide at least one (1) project or contract that demonstrates recent and relevant Past Performance with providing the type of components called out in the Statement of Work. The Government will only evaluate projects or contracts that have already been performed.

For each submitted past performance contract or project, the following information shall be provided: (i) customer’s name, organization and contact information; (ii) contract or project number and title; (iii) dates of performance (identify the start and end dates using months and years); (iv) the dollar value of the work performed; (v) a description of the work performed and how it is relevant to the Statement of Work;

(vi) whether the prior project was performed as the prime contractor or subcontractor, (vii) any negative comments or assessments regarding the mobile crane operator’s compliance with safety measures and

(viii) copies of any Contract Performance Assessment Reports or similar assessments, if available.

The Vendor shall also submit a consent letter, executed by each subcontractor proposed to perform 20% of the contract's value, that authorizes the Government to release adverse Past Performance information to the Vendor so the Vendor can respond to such information during the evaluation process. For projects or contracts for commercial customers, the Vendor shall submit a letter, executed by that commercial customer, that authorizes that customer to release the Vendor's (or subcontractor's) Past Performance information to the Government.

This information shall be sent with the completed N3904035Q2955 RFQ on or before the due date of this solicitation to David Agea, Contracting Division, Code 410, Portsmouth Naval Shipyard, Kittery, ME 03904, email: david.a.agea.civ@us.navy.mil.

The Government reserves the right to contact references for verification or additional information.

Factor 3 – Price Submission:

Vendors’ price submission shall provide (i) Pricing for all CLINs and (ii) Pricing information identified in L-212- W002 Price Proposed Specific Requirements Commercial Items (NAVSEA) (OCT 2018).

Price Quotes shall be held firm for sixty (60) days.

Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

COMMUNICATION WITH PORTSMOUTH NAVAL SHIPYARD (PNS)

RFQ information and amendments will be made available through the Internet via Government Point of Entry (GPE) beta.SAM.gov which can be accessed at https://beta.SAM.gov/. beta.sam.gov 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: david.a.agea.civ@us.navy.mil.

PNS will make the RFQ and amendments available electronically on the internet, submissions in response to this RFQ WILL be accepted via electronic transmission. Only quotations with signatures submitted in accordance with 52.212-1 INSTRUCTIONS TO OFFERORS-- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES, of this combined synopsis/solicitation will be accepted.

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

Potential Vendors who access the RFQ via the internet are encouraged to submit the following information to the PNS Contract Specialist:

Company Name (including CAGE and D&B number) Point of Contact (including email address) Postal address Payment Discount Terms

Preferred Payment Method:

Wide Area Workflow (WAWF)

Contact David Agea at (207) 994-0614 or email david.a.agea.civ@us.navy.mil Oral communications are not acceptable in response to this notice.

METHOD OF QUOTE SUBMISSION

Quote shall be emailed to david.a.agea.civ@us.navy.mil.

The quote shall include price(s), a point of contact, name, email address, phone/FAX number, CAGE Code, business size under NAICS Code 532411, and payment terms. The response must clearly indicate the capability of the vendor to meet all specifications and requirements.

System for Award Management (SAM): Vendors must be registered in the SAM database to get the award.

Registration is free and can be completed on-line at http://www.sam.gov/

(End of Text)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOVEMBER 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 will be used to evaluate offers:

The quotation shall consist of: (1) Technical Acceptability, (2) Past Performance, and (3) Price Information. Award will be made to the responsible Offeror(s) whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

(b) Relative Importance. The factors are listed below in descending order of importance. Elements under each factor are of equal importance but are not individually rated. In accordance with FAR 15.304(e)(1), all non-priced factors combined are significantly more important than Price.

Quotations will be evaluated as follows:

1. Technical Acceptability A. Ability to meet Delivery Schedule

2. Past Performance

3. Price

(1) TECHNICAL ACCEPTABILITY

The Government will evaluate the Vendor’s Technical Submission for completeness and to determine if the products and services being offered comply with the Statement of Work and Solicitation.

Technical Evaluation Ratings Rating Description Acceptable Submission clearly meets the minimum requirements of the solicitation

NOTE: If the technical submittal is determined “Unacceptable”, it renders the entire quote technically unacceptable and ineligible for award.

Sub-factor A

The Government will evaluate the Vendor’s ability to meet the delivery schedule.

NOTE: If the proposed mobilization/lead time submittal is determined “Unacceptable”, it does not render the entire quote technically unacceptable and ineligible for award. The Government reserves the right to make an award based on the best quoted non-technical factors over price-related factors.

(2) PAST PERFORMANCE

Past performance is a measure of whether the offeror has satisfied customers in the past. Past Performance will be rated as “Acceptable” or “Unacceptable,” focusing on performance that is recent and relevant to the contract requirements. For the purpose of this selection, recent past performance is defined as contracts performed within three years immediately prior to the date of solicitation issuance. Trends showing improving or deteriorating performance will also be considered.

The Past Performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The Past Performance evaluation performed in support of this award process does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers existing information regarding how well the offeror has performed on past contracts.

Past Performance information shall be obtained from the Past Performance Information Retrieval System (PPIRS) and will be evaluated in accordance with FAR 9.104-6.

The Government will evaluate Past Performance of Vendors and any proposed subcontractors proposed to perform 20% of the contract's value to determine how well the contractor performed on the referenced contracts and to assess the Vendor’s probability of performing the solicitation’s requirements. Past Performance is assessed at the factor level after evaluating individual aspects of the Vendor’s recent and relevant past performance.

In evaluating this factor, the Government reserves the right to use information provided in the Vendor’s proposal and information obtained from other sources, such as the Past Performance Information Retrieval System, Contractor’s Performance Assessment Reporting Systems, Electronic Subcontract Reporting System, and other Government or commercial databases or sources.

(a) The Government’s evaluation will focus on the following areas:

-Quality of Service

Unacceptable Submission does not meets the minimum requirements of the solicitation

Technical Evaluation Ratings Rating Description Acceptable Submission clearly meets the requested delivery date of the solicitation Unacceptable Submission does not meet the requested delivery date of the solicitation

-Schedule -Customer Satisfaction -Management

(b) The following definitions apply to this evaluation:

(1) Recency: To be recent, the effort must have been performed during the past three (3) years from the date of issuance of this solicitation. Information that fails to meet this condition or that has yet to be completed will not be evaluated.

(2) Relevancy: To be relevant, the effort must be similar in scope and magnitude to the services being procured under this solicitation.

(a) Scope: Measures similarity to the requirements defined in the Statement of Work.

(b) Magnitude: Measures similarity of the dollar values between the prior contract or project and the projected value of the future contract.

Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance is unknown.

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

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or is so sparse that no meaningful past performance rating can be reasonably assigned the offeror may not be evaluated favorably or unfavorably on past performance.

Therefore, the offeror shall be determined to have unknown past performance. In the context of the acceptable/unacceptable rating, “unknown” past performance shall be considered “acceptable”.

(3) PRICE

The Price Factor will not be scored or rated. The vendor’s Quotation will be evaluated for completeness and reasonableness in accordance with FAR 13.106-3.

Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

Selection: The Government intends to evaluate quotations and issue an award using the procedures of FAR Part 13.5, Simplified Procedures for Certain Commercial Items. The Government shall select the vendor whose quotation is the Lowest Price Technically Acceptable to the Government, considering all evaluation criteria. The Government reserves the right to not issue an award if it is not in the best interest of the Government.

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

JAN 2025 (DEVIATION 2025-O0003 AND 2025-O0004)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV…