N4008425Q0009 Comb SynopSolit AFFF.pdf

Subj: REQUEST FOR QUOTE NO. N4008425Q0009/ Removal, Rinse, and Disposal of Aqueous Film Forming Foam (AFFF) Material from Hangars and Non-hangars Facilities at Various Locations within U.S.

Navy Region, Japan

Combined Synopsis/Solicitation N4008425Q0009

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation number N4008425Q0009 and is issued as a Request for Quote (RFQ) for Removal, Rinse, and Disposal of Aqueous Film Forming Foam (AFFF) Material from Hangars and Non-hangars Facilities at Various Locations within U.S. Navy Region, Japan.

It is important to note that this combined synopsis/solicitation requesting a quote shall not be construed as obligating the Government to award a contract or authorizing work to commence and shall not serve as a basis for any future claims against the Government.

REQUIREMENT DESCRIPTION

This solicitation is a Request for Quote (RFQ) soliciting quotes to provide the commercial services detailed in the attached Performance Work Statement (PWS), Attachment (1). The Government will evaluate quotes and award a Firm Fixed Price contract including a Base Item and three (3) Option Items.

The North American Industry Classification System (NAICS) code for this procurement is 561210 – Facilities Support Services Size standard in millions of dollars: $47.0

Offerors shall enter lump sum pricing for contract line items (CLINs), as indicated in the price schedule, Attachment 3 Price Schedule Form. Pricing shall be in U.S. Dollar (USD).

SOLICITATION ATTACHMENTS

ATTACHMENT NO. TITLE

1 Performance Work Statement 2 Question & Answer Form 3 Price Schedule 4 Experience Form 5 Past Performance Questionnaire

DFARS 252.204-7000 Disclosure of Information applies to all Documents, Exhibits, and Attachments as well as FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems and DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, and 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

Attachment 1 will be made available to Offerors via approved controlled document request in Contract Opportunities (SAM.gov). The point of contact for all attachments is Ms. Amanda Jo, amanda.jo.civ@us.navy.mil and Mr. Ross Yamato, ross.w.yamato.civ@us.navy.mil.

For this solicitation, a minimum Confidence Level assessment of “Basic” as identified in the NIST SP800-171 Assessment Report within the SPRS is required to be considered for award.

Offerors are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the 15 security controls required by FAR 52.204-21.

Additional information concerning FAR 52.204-21 is also available through the below webpage:

https://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.html

NOTE: This solicitation includes Government furnished information (GFI) that requires unique handling, storage, marking, and/or release or dissemination procedures in accordance with Federal law and/or regulations and/or DoD policy. Contractor guidance on its duties and responsibilities with regard to GFI provided under this solicitation, which includes but is not limited to Controlled Unclassified Information (CUI) and/or Operations Security (OPSEC) (the CUI_OPSEC Guide) is located at the webpage indicated above and will be incorporated by reference into any resulting contract, task order, delivery order, etc.

Section Instructions, Conditions and Notices to Bidders

CONTRACT INFORMATION

CLIN DESCRIPTION

CLIN Description Lump Sum

(USD ONLY)

Period of Performance*

0001 Base Item The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to remove, rinse, and dispose of Aqueous Film Foam (AFFF) at various locations within the Japan Area of Responsibility (AOR) in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

09/10/2025 – 03/10/2027

0002 Option Item 0001 The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to remove and rinse of AFFF in non-hanger fixed fire protection systems at installations in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

Extends CCD by 12 months

0003 Option Item 0002 The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to dispose of AFFF concentrate, rinsate, and AFFF-impacted solid debris from non-hanger fixed fire protection systems at installations in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

Extend CCD by 12 months

0004 Option Item 0003 The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to procure replacement F3 material for mobile systems in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

Extend CCD by 6 months

* Estimated dates, actual dates will be cited on contract

My company requests to be paid in (Contractor shall only choose one payment currency):

_____ Japanese Yen (converted to JPY from USD Lump Sum using BER FY25 145.7323*)

_____ United States Dollars

* USD to JPY conversion process: 1.) The prior to award, the contracting officer will convert each CLIN, individually, to JPY from the lump sum USD price using the 145.7323 JPY / 1 USD exchange rate, 2.) The Yen amount will be rounded up (greater than or equal to 0.5 yen) or down (less than 0.5 yen) to the nearest yen, 3.) The CLINs calculated Yen amount will be added together to be the total contract price.

1. PAPERLESS CONTRACTING

a. The U.S. Navy (hereafter referred to as the Government) intends to administer any contract awarded under this solicitation using paperless contracting methods to the greatest extent practicable. Paperless contracting involves the use of an electronic medium such as the internet, computer diskettes, CD-ROM, or electronic mail (e- mail) in place of paper documents to award, solicit, or administer a contract.

b. In order to facilitate the use of paperless contracting methods, the Contractor shall possess the capability to communicate and exchange authenticated documents with the Government electronically during the contract performance period. Such capability shall include the ability to receive, acknowledge, reply to, and send documents via electronic mail. Additionally, such capability shall not require or be contingent upon any modification or upgrade to existing Government software. The Contractor also agrees to maintain such capability notwithstanding any changes or modifications to existing Government software during the contract performance period so long as the Government provides reasonable notice and any equipment and/or software required to maintain such capability is commercially available.

c. The Contractor shall utilize the paperless contracting capability described above as directed by the contracting officer during the contract performance period. Documents which may be required to be exchanged electronically include, but are not limited to, task orders, modifications, requests for cost proposals/quotes, and other routine correspondence. Exceptions to the contracting officer’s direction may be granted in unusual circumstances with the prior approval of the contracting officer.

d. Both the Contractor and the Government agree to share all such technical information as is necessary to facilitate efficient and reliable electronic communications during the period of contract performance. Such information may include such data as e-mail addresses, available software, and mutually agreed procedures, but shall not include any information the disclosure of which would violate any applicable licenses or other agreements. In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

e. For informational purposes, the Government anticipates that its contracting personnel will utilize the following computer software programs during the administration of this contract: Microsoft Office (Excel and Word), Adobe Acrobat, and AutoCAD.

2. CONTRACTOR PERFORMANCE ASSESSMENT / EVALUATION MEETING

a. As directed by the Contracting Officer, the Contractor may be required to meet the Government’s Contracting Officer’s Representative, Performance Assessment Representative, and other contract management Representatives for the entire contract performance period of the contract to discuss contract matters. Meetings will be as often as necessary at the discretion of the Contracting Officer. A mutual effort will be made to resolve all problems identified. If written minutes of a meeting are prepared by the Government, the minutes shall be signed by the Contractor’s representative and the Government’s representative. Should the Contractor not concur with the minutes, the Contractor shall state in writing to the Contracting Officer any area of disagreement within five calendar days.

b. The Government will periodically assess the Contractor’s overall performance on this contract by completing a Contractor Performance Assessment Report System (CPARS) Form. The Government may use this form to evaluate the Contractor more frequently if it becomes necessary. The Contractor will be afforded an opportunity to comment on each evaluation performed when the Government uses the CPARS form. The Contractor has 30 calendar days to submit written comments on unsatisfactory ratings.

c. The Contractor’s performance will be evaluated using the respective Contractor performance evaluation report entry system located on the website www.cpars.navy.mil. Prior to commencement of work, the Contractor is required to provide the Government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government. It is the Contractor’s responsibility to keep this contract information current.

3. ACCEPTANCE

The performance and quality of work delivered by the contractor, including services rendered and any documentation will be evaluated in accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items, paragraph (a) Inspection/Acceptance and contract specific performance standards. Contracting Officer’s Representative will be monitoring the contractor performance. PWS Section 6.3 provides further information on performance standards and assessment.

4. PRE-PERFORMANCE CONFERENCE

Within 30 days of contract award, prior to commencement of the work, the Contractor will hold a virtual project kickoff meeting with each location listed in PWS Section 1.3 and prepare minutes of the meeting. The meeting will be used to discuss field procedures, location for performing the work, logistics and field work schedule. The contractor should also plan to discuss the schedule and logistics for access to the AFFF system tank and facilities and coordination to avoid interference with any building operations.

The contractor shall participate in a virtual project kickoff meeting with each location listed in Section 1.3 and prepare minutes of the meeting. The project kickoff meeting shall be scheduled within 30 days of contract award and prior to the start of field activities. The meeting will be used to discuss field procedures, location for performing the work, logistics and field work schedule. The contractor should also plan to discuss the schedule and logistics for access to the AFFF system tank and facilities and coordination to avoid interference with any building operations.

5. GOVERNMENT REPRESENTATIVES

The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative as indicated hereinafter:

___X___The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

___X___The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task/delivery orders.

_______The designated Property Administrator is the Administrative Contracting Officer's representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

6. AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

7. INVOICING INSTRUCTIONS AND PAYMENT PROCESSING

a. Invoicing. Contractor's invoice for services performed shall be submitted to the Contracting Officer or his/her representative on NAVFAC 7300/30 (rev NOV 2010).

b. Payment. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work. Upon verification of the work actually performed and after receipt of required Contractor submittal, invoices will be processed for payment.

c. Submit invoices; refer to 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023).

8. DFARS PGI PAYMENT INSTRUCTIONS

Payments shall be made in accordance with the Payment Instructions table at DFARS PGI 204.7018 (b)(2). A link to the table is provided below:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions

JAPAN SPECIFIC REQUIREMENTS

1. AUTHORIZATION TO OPERATE AND CONDUCT BUSINESS IN JAPAN

Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan.

Contractors must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the contract. Offerors may be required to provided verification of any required license(s) prior to award of any contract to the Contracting Officer if such information is not already on file with or available to the Contracting Officer. In the case of a Joint Venture, at least one of the joint venture entities must possess and provide verification of such license(s) prior to award.

The U.S. Government will not offer "United States Official Contractor" status under Article XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation; however, may grant Article I(b) of the SOFA status for employees of the contractor as “members of the Civilian Component” as reasonably required as determined by the Contracting Officer and Contracting Officer’s Representative. Only US Citizens may be granted Article I(b) SOFA status. See 252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019) AUG 2018 which is incorporated into the contract.

2. CUSTOMS AND TAX EXEMPTION

In accordance with the Status of Forces Agreement, the U.S. Government is entitled to an exemption from Japanese customs duties and Japanese commodity and gasoline taxes. The Contractor warrants that all taxes and customs duties pertinent to the procurement for which the U.S. Government is exempt have been excluded from the contract price. The Contractor is required to submit a request in writing to the Contracting Officer for issuance of an import or tax exemption certificate, as appropriate, relieving the Contractor from such customs duties or taxes.

3. CONSUMPTION TAX EXEMPTION

CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS AND SERVICES BY THE

UNITED STATES ARMED FORCES IN JAPAN [JAPANESE LAW NO. 108, 1988]

(a) The Consumption Tax Law (Law No. 108, 1988) was enacted in the Diet of Japan on 24 December 1988, and applied from April 1, 1989. The Government of Japan (GOJ) and the United States Government (USG), in accordance with paragraph 3, Article XII, of the "The Agreement Under Article VI of the Treaty of Mutual Cooperation And Security Between Japan And The United States of America Regarding Facilities And Areas And The Status of United States Armed Forces In Japan" (SOFA), have agreed upon procedures for exempting the United States from the Consumption Tax on the following transactions upon appropriate certification:

(1) Goods and services purchased in Japan for official purposes of the U. S. Armed Forces by the U.S. Armed Forces or its authorized procurement agencies;

(2) Goods and services purchased in Japan, by persons, including corporations, who are designated by the USG in accordance with the provisions of paragraphs 1 and 2, Article XIV of the SOFA (Article XIV Contractors), solely for the purpose of performing the business of construction, maintenance or operation under the contract for construction, etc., for use by the U. S. Armed Forces, or film and gasoline purchased in Japan by Article XIV Contractors solely for the business activities described above.

(b) The underlying objective is to obtain the full amount of the exemption from the tax on U.S. Forces procurements immediately at the time of purchase, and at the same time give the Contractor a proof of purchase document, acceptable to GOJ tax authorities, which he/she can present to the tax authorities to obtain a tax credit and/or refund for tax already collected and paid by previous sellers.

(c) By the submission of their offer, the offeror certifies that Japanese consumption tax is not part of the bid price, nor will it be a part of any subsequent modification to the contract. Procedures for Contractors to obtain a consumption tax credit are described in a handbook that may be obtained from the Procuring Contracting Office.

4. WAIVER OF DEFENSE BASE ACT

Defense Base Act is currently waived in Japan by the U.S. Department of Labor through March 29, 2026 unless modified, terminated, suspended, or revoked earlier than that date excepting where personnel are U.S. citizens, U.S.

permanent residents, or hired in the U.S. As such, the 52.228-3, Workers' Compensation Insurance (Defense Base Act) does not apply to this requirement while the current waiver is in effect, extended, or a new waiver is issued except where personnel are U.S. citizens, U.S. permanent residents, or hired in the U.S.

5. FAR PROVISION 52.229-11, FAR CLAUSE 52.229-12, AND DFARS CLAUSE 252.229-7014

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons.

It implements the Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

In accordance with DFARS 252.229-7014, (1) Exemptions from this excise tax must be claimed by an Offeror when it submits its offer, and (2) a U.S.Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14, indicates that the quoter is fully exempt from the tax.

If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment. Failure to submit IRS Form W-14 with a payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Line 6 and 7:

Line 6 Contract / reference number:

N4008425Q0009 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Systems Command (NAVFAC) Far East City or town, state or province. Include postal code where appropriate Country (do not abbreviate) Bldg. 1828, 1F, Tomari-cho Yokosuka, Kanagawa, 238-0001 Japan

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and the execution/submission of IRS Form W-14. Additional information is also available at:

https://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.html

ADDENDA TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS

1. TIMELY RECEIPT OF QUOTES

a. Quoters shall comply with this “Instructions to Offerors” and “Evaluation Factors for Award” in the preparation of Quotes. Quoters must thoroughly and fully review the solicitation and its attachments.

b. Non-price and price quotes shall be submitted in accordance with the “Evaluation Factors for Award” no later than 21 August 2025 by 14:00 Japan Standard Time (JST) unless revised by a formal amendment. Quoters are requested to hold quoted prices for 120 days after the date specified for receipt of quotes.

c. All quotes (with all required supporting documentation) shall be electronically submitted through the Department of Defense (DoD) Solicitation Module in the Procurement Integrated Enterprise Environment (PIEE) so that they are received prior to the time set for quote closing date stated in this RFQ in order to be considered for award. Hard copy quotes will not be accepted.

Quote Submission using Solicitation Module in PIEE

Quotes shall be submitted in English in Adobe PDF form (*.pdf) via Solicitation Module in PIEE.

In order to submit a quote through the Solicitation Module in PIEE, you must have an active Proposal Manager role in PIEE at https://piee.eb.mil/.

To upload the quote in Solicitation module in PIEE:

1. Ensure you have an active role as with the Proposal Manager in PIEE.

2. Log into PIEE at https://piee.eb.mil/ to access the Solicitation Module or go directly to the Solicitation Module at the following link: https://piee.eb.mil/sol/xhtml/unauth/index.xhtml.

3. Select Solicitation icon.

4. At the Home screen of the Solicitation Module, select the Search link to find the solicitation you intend to post an offer against.

5. In the Solicitation Search Criteria filter by entering the complete solicitation number and for Status, select

Open, then click Search.

6. When search results display, select the solicitation number link to open the solicitation.

7. The solicitation displays, with information as view only.

8. To post the offer, click the Offer tab.

9. Click the Add button to add an offer to the solicitation.

10. Select the applicable CAGE Code for which you are submitting the offer. The list is prefiltered based on the

CAGEs in the Proposal Manager’s profile.

11. Click on the Choose Files link to upload attachments that comprise your offer.

12. Enter Signature Date and click Signature button after entering all necessary information.

13. Sign Document pop-up will be displayed requiring the user to enter a Digital Pin and OTP. Click the Sign and

Submit button to continue.

14. After successfully adding the Quote a success message of the submission will be displayed providing confirmation of on-time/late quote receipt.

For addition information on PIEE Vendor Access Instructions or PIEE Solicitation Module Frequently Asked Questions visit:

https://dodprocurementtoolbox.com/site-pages/solicitation-module

For additional instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

Quoters are responsible for submitting files in the format specified consistent with requirements stated elsewhere in this solicitation. Quoters should mark all electronic files with the solicitation number and should keep the file name as short as possible (i.e., under 40 characters) so that the files are accessible on Government share drives. Files with longer names may become corrupt or inaccessible. Files that cannot be opened, or are otherwise missing the required content are the responsibility of Quoter.

2. PRE-QUOTE CONFERENCE/SITE VISIT

The Government does not anticipate providing a site visit at this time.

3. QUESTIONS/REQUEST FOR INFORMATION

All questions concerning this solicitation shall be addressed to Ms. Amanda Jo and Mr. Ross Yamato, via email at amanda.jo.civ@us.navy.mil and ross.w.yamato.civ@us.navy.mil, by 05 August 2025 at 14:00 PM JST. Responses to inquiries will be provided in the form of a notification and posted to the website https://www.sam.gov/. The Government may not respond to inquiries submitted after the inquiry submission cut-off date. All inquiries shall be submitted using Attachment 2 Question and Answer Form.

4. AMENDMENTS AND NOTICES TO THE SOLICITATION

Amendments and notices will be posted to the website https://www.sam.gov/. It is the offeror’s responsibility to check the website periodically for any amendments to the solicitation. Please note that notices do not change the solicitation. Changes to the solicitation can only be made by the issuance of amendments.

5. SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

6. QUOTE CURRENCY

Quotes shall be priced only in United States Dollars (USD). Quotes not priced in USD shall be deemed nonresponsive, and will not be eligible for award.

Quoter must indicate in the price schedule whether they would like payment in USD or Japanese Yen (JPY).

Conversion rate BER FY25 145.7323 will be used if JPY is selected. Final award will reflect the selected currency.

7. SYSTEM FOR AWARD MANAGEMENT (SAM)

All quoters (i.e., whether individually or as a joint venture, etc.) responding to this solicitation must be registered and have an active status in the System for Award Management (SAM) database at the time an offer is submitted to be eligible for award. For more information please go to https://www.sam.gov, or by calling 866-606-8220 or 334- 206-7828 for international call and complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) Subpart 4.1202 and Defense FAR Supplement (DFARS) Subpart 204.1202.

A Quoter is required to be registered in SAM when submitting its quotation, and shall continue to be registered at all relevant times, i.e., time of award, during contract performance, and through final payment of the contract resulting from this solicitation.

CAUTION: All offerors are required to be registered in SAM at the time their offer is submitted. Offerors with no active SAM registration upon receipt of their offer shall be considered ineligible for award.

A contract cannot be awarded to a contractor not registered in SAM with ACTIVE status. Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

8. REPRESENTATION & CERTIFICATION

Offerors shall have an active registration and active Representations and Certifications in the System for Award (SAM): https://www.sam.gov/SAM/

9. NOTICE OF NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST) SPECIAL

PUBLICATION (SP) 800-171 DOD ASSESSMENT REQUIREMENTS

The following provision and clause are applicable to this acquisition-- DFARS 252.204-7019 (Notice of NIST SP 800-171 DoD Assessment Requirements) and 252.204-7020 (NIST SP 800-171 DoD Assessment Requirements).

As prescribed by DFARS provision 252.204-7019, if the offeror is required to implement NIST SP 800-171, the offeror must have a current (not older than three years unless a lesser time is specified in the solicitation) NIST SP 800-171 DoD Assessment for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order, in order to be considered for award. It also requires the contractor to post summary level scores of their NIST SP 800-171 Assessments in the Supplier Performance Risk System (SPRS) database.

For this solicitation, a minimum Confidence Level assessment of “Basic” as identified in the NIST SP800-171 Assessment Report within the SPRS is required to be considered for award.

The Basic, Medium and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_8

00-171.html

Guidance regarding the NIST SP 800-171 DoD Assessments can be found at https://www.sprs.csd.disa.mil/.

Offerors are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the NIST SP 800-171 DoD Assessment requirements.

NOTE: The Government will not extend or delay the procurement for pending Contractor NIST SP800-171 assessments.

10. INCURRED EXPENSES

The Government is not responsible for any costs incurred or associated with preparation and submission of a quote in response to this solicitation.

11. INCORPORATION OF QUOTE

The Contractor’s quote, including revisions and amendments, made prior to contract award and a copy of which is in the possession of both parties, shall be incorporated into this contract upon award by reference with the same force and effect as if set forth in full text. In the event of any inconsistency between the provisions of this contract and the quote, the inconsistency shall be resolved by giving precedence in the following order: (i) the contract (excluding the technical quote) and then (ii) the quote.

12. NO ALTERNATE OR MULTIPLE QUOTES

Neither multiple quotes, nor quote variations or options, nor alternate or alternative quote will be considered in the evaluation.

13. JOINT VENTURE (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS

(LTD), ETC.

Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities with the offer:

a. A copy of the JV, LLC or LTD agreement.

b. A detailed statement outlining the following in terms of percentages where appropriate:

1) The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

2) The management approach in terms of who will conduct, direct supervise, and control.

3) The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

4) Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to executed the contract documents and bonds).

c. A list of partners/parties, to include company name, DUNS and CAGE numbers, address, point of contact, e-mail address, phone number and facsimile number.

NOTE: An offer may be rejected if the company name identified on the submittals and any bonds or guarantees is different from the JV, LLC or LTD name identified on the agreement.

14. RESPONSIBILITY DETERMINATION / PRE-AWARD SURVEY

FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation.

The Government may conduct a pre-award survey of the Offeror to determine whether such Offeror is qualified and capable of performing the contract. The pre-award survey may involve examination of the bidder's financial and technical status and understanding of the contract requirements.

The following are examples of the information that, upon request, the offeror shall be required to provide in writing to the pre-award survey team. Requested information shall be forwarded within three (3) days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information, or a determination, after review of the information, of the Offeror's non-responsibility, may result in rejection.

a. Identification of the Contractor's personnel and management to be used on this contract.

b. The Contractor's technical and management plans for performing required services.

c. Description of Contractor's facilities and equipment.

d. Summary of the Contractor's experience in performing work of the type required by this specification.

e. Current financial statements and data.

f. Other work presently under contract.

g. Prior contracts for similar work, and the names and addresses of individuals with the organization issuing the contract who ma y be contacted for information concerning the Contractor's performance.

h. Contractor Quality Control plan for this contract.

NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY OF THE

FOLLOWING CONCERNING THIS SOLICITATION/CONTRACT:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION OFFERING

GRATUTIES OFFERING OR

RECEIVING KICK-BACKS

THE PRICES IN YOUR OFFER MUST BE ARRIVED AT INDEPENDENTLY WITHOUT ANY

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR COMPETITOR.

YOUR OFFER CANNOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY OTHER

OFFEROR OR COMPETITOR BEFORE BID OPENING.

IT IS ALSO UNLAWFUL FOR YOU TO INDUCE ANY OTHER COMPANY TO, OR ALLOW ANOTHER

COMPANY TO INDCUE YOU TO SUBMIT OR NOT SUBMIT AN OFFER FOR THE PURPOSE OF

RESTRICTING COMPETITION.

ALL OF THE ABOVE ACTS ARE ACTS OF DISHONESTY UNDER UNITED STATES LAWS AND

REGULATIONS AND ARE FORBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENT OF

PRIOR MONIES PAID.

EVALUATION FACTORS FOR AWARD

A. BASIS FOR AWARD

In accordance with FAR 12.602 and FAR 13.106 evaluation will occur in accordance with FAR 52.212-2, Evaluation – Commercial Products and Commercial Services (NOV 2021). This procurement will use the FAR Part 13 simplified acquisition procedures and the relative importance of evaluation factors is not required.

FAR 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 Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotes:

(i) Technical capability to meet the government’s need (Experience)

Submit a minimum of one (1) and a maximum of four (4) contracts performed by the Quoter submitting the quote that are recent and relevant to work requirements specified in the solicitation on Attachment 4, Experience Form.

For purposes of this evaluation, a recent contract is defined as follows:

(1) A contract with a contract completion date within the past 5 years of the issuance of this solicitation.

For purposes of this evaluation, a relevant contract is defined as follows:

(1) A contract that demonstrates experience with removal of AFFF or AFFF-impacted waste from tanks;

(2) A contract that demonstrates experience with the rinsing of tanks or containers of AFFF or AFFF-impacted waste; OR

(3) A contract that demonstrates experience with both the collection and disposal of AFFF-impacted waste in accordance with host-nation Final Governing Standards (FGS).

Any contracts submitted in excess of the maximum will not be considered. If more than the maximum allowed contracts are submitted, only the first four will be considered. Total length for each contract data sheet must not exceed one (1) double-sided or two (2) single-sided pages. Any data submitted in excess of the one (1) double-sided or two (2) single-sided pages will not be considered/evaluated.

In addition to the above, Quoters may also include experience information regarding predecessor companies, and subcontractors that will perform major or critical aspects of the requirement so long as at least one contract has been performed by the prime contractor and it is clear what the relationship is between the prime contractor and the company demonstrating experience.

For all submitted contracts, the description of the contract shall clearly describe the scope of work performed and the relevancy to the contract requirements as described above.

Joint Ventures (JV) If the Quoter is a JV, relevant contract experience should be submitted for contracts completed by the JV entity. If the JV does not have shared experience, at least one (1) contract shall be submitted for each respective JV partner. Quoters are still limited to a total of four (4) contracts combined. Where an Quoter is/was a JV and would like to submit a contract completed by the JV as a single entity to show the single entity's experience/capability, said JV contract must clearly demonstrate the percentage of work performed by each firm in the JV and the single entity Quoter must provide a detailed description of the work the single entity self-performed

Affiliates and Subsidiaries.

If an Quoter is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the Experience Form), the quote shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract in order for the experience information of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The quote shall state specific commitments of technical resources (e.g. personnel, equipment) that the affiliate/subsidiary/parent/LLC/LTD member companies commit to the performance of this contract. In particular, the quote will clearly state the specific commitments of resources of the affiliate/subsidiary/parent/LLC/LTD member that will be located at the worksites and company offices in the city/area of the contract. The quote shall also describe specific roles of the affiliate/subsidiary/ parent/LLC/LTD member companies in terms of the work it will either self-perform or manage on behalf of the Quoter in performance of the contract.

Basis for evaluation:

How well the experience demonstrates the contractor’s capability to meet the Government requirement.

(ii) Price

(1) Solicitation Submittal Requirements: The Quoter shall complete the following:

Price Schedule Acknowledgement of all amendments (if applicable) Contractor Informational Page Copy of current System Award Management (SAM) record Completed Representation & Certifications Latest Financial Statement Joint Venture Agreement (if applicable) Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments (if applicable)

Note: Quote shall be priced in US Dollar (USD). Please indicate in the price schedule whether you would like payment in USD or Japanese Yen (JPY). The FY25 Budget Exchange Rate (BER)

145.7323 will be used as the conversion rate if JPY is selected. Final award will reflect the selected currency.

(2) Basis of Evaluation:

The Government will evaluate price based on the total price. Total price consists of the basic requirements and all option items. The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the solicitation. In accordance with FAR 52.217-5, Evaluation of Options may not obligate the Government to exercise the option(s).

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the RFP.

(ii) Comparison of proposed prices with the IGCE.

(iii) Comparison of proposed prices with available historical Information.

(iv) Comparison of market survey results.

In addition to the above, all proposed prices will be analyzed to determine if the prices are unbalanced.

An offer may be rejected if the lack of balance poses an unacceptable risk to the Government. If the Government is not able to make a determination of fair and reasonableness of individual line items, the Government may deem an offer un-awardable, unless corrected through discussions.

At the discretion of the Contracting Officer, price realism analysis may be conducted if prices are determined to be too low compared to the IGCE and other quoters received, such that there may be a risk of poor performance, or to confirm a vendor’s understanding of the requirements.

(iii) Past Performance:

Does not require the creation or existence of a formal data and;

Maybe based on one or more of the following:

a. The contracting officer’s knowledge of and previous experience with the supply or service being acquired;

b. customer surveys, and past performance questionnaire replies;

c. The contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov; or

d. Any other reasonable basis.

Solicitation Submittal Requirements:

The Quoter should submit past performance information for each contract included in its quote for Factor 1.

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it should be submitted with the quote. If there is not a completed CPARS evaluation, the Past Performance Questionnaire (PPQ) form is provided, attachment 5, for the Quoter to submit to the client. Ensure correct phone numbers and email addresses are provided for the client point of contact on the PPQ.

Completed PPQs should be submitted with your quote. If the Quoter is unable to obtain a completed PPQ from a client for a contracts(s) before quote closing date, the Quoter should complete and submit with the quote the first page of the PPQ, which will provide contract and client information for the respective contracts(s). If the client requests, questionnaires may be submitted directly to the Government's point of contact, Ms. Amanda Jo, via email at amanda.jo.civ@us.navy.mil and Mr. Ross Yamato, via email at ross.w.yamato.civ@us.navy.mil prior to quote closing date.

Quoters shall not incorporate by reference into their quote PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Quoters may provide any information on problems encountered and the corrective actions taken on contracts submitted. Quoters may also address any adverse past performance issues. Explanations shall not exceed one (1) double-sided pages or two (2) single-sided pages in total. Performance recognition/award(s) or additional similar information submitted will not be considered.

In addition to the above, the Government may review any other sources of information for evaluating past performance.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Quoter.

In accordance with FAR 12.602, the government is using simplified acquisition procedures in part 13, and the contracting officers are not required to describe the relative importance of evaluation factors.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding contract with bilateral signature or performance by the contractor after receiving a written notice of award. Before the quoters’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-7 Certification Regarding Responsibility Matters AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.217-5 Evaluation Of Options JUL 1990 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan

OCT 2020

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications

JUN 2020

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

DEC 2019

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7008 Only One Offer DEC 2022 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

MAY 2024

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region – Representation

JUN 2023

252.225-7966 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations - Representation (Deviation 2024-O0006).

MAR 2024

252.247-7023 Transportation of Supplies by Sea JAN 2023

PROVISIONS INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) DFARS 252.204-7007

Alternate A, Annual Representations and Certifications (OCT 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $25,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or womenowned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

___ (i) Paragraph (e) applies.

___ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are…