DRAFT - N4215823RS005 - DRAFT.pdf

SEE ADDENDUM

(No Collect Calls)

N4215823RS005 25-Apr-2023

b. TELEPHONE NUMBER

757-396-9694

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 24 May 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N421589. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRITTANY B. TAVASSOLI

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N4215823RC30535

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NORFOLK NAVAL SHIPYARD

ATTN: BRITTANY TAVASSOLI

NNSY CONTRACTING

C400, BLDG 65, 1ST FLOOR

PORTSMOUTH VA 23709-1022

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 757-396-9694 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

336611

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF82

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N4215823RS005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Group SSTG No. 1 Material

FFP

Material cost for the repair of the SSTG No. 1 in accordance with the specifications for the USS Washington (SSN-787).

FOB: Destination

MILSTRIP: N4215823RC30535

PURCHASE REQUEST NUMBER: N4215823RC30535

PSC CD: 2830

NET AMT

0002 1 Group SSTG No. 2 Material

FFP

Material cost for the repair of the SSTG No. 2 in accordance with the specifications for the USS Washington (SSN-787).

FOB: Destination

MILSTRIP: N4215823RC30535

PURCHASE REQUEST NUMBER: N4215823RC30535

PSC CD: 2830

1001 1 Job OPTION SSTG No. 1 and No. 2 Service Phase 1

FFP

Material cost for the repair of the SSTG No. 1 in accordance with the specifications for the USS Washington (SSN-787).

FOB: Destination

PSC CD: J998

1002 1 Job OPTION SSTG No. 1 and No. 2 Service Phase 2

FFP

Material cost for the repair of the SSTG No. 1 in accordance with the specifications for the USS Washington (SSN-787).

1003 1 Job OPTION SSTG No. 1 and No. 2 Service Phase 3

FFP

Material cost for the repair of the SSTG No. 1 in accordance with the specifications for the USS Washington (SSN-787).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Contractor Destination Government 0002 Origin Contractor Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 09-FEB-2025 1 NORTHROP GRUMMAN SYSTEMS

CORPORATION

NORTHROP GRUMMAN MARINE

SYSTEMS

401 E HENDY AVE MS 33-3

SUNNYVALE CA 94086-5100

90099

0002 09-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

90099

1001 POP 11-MAR-2025 TO

11-SEP-2025

N/A NORFOLK NAVAL SHIPYARD

SEE SCHEDULE

FOR DELIVERY AND CONTACT

INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

N42158

1002 POP 01-SEP-2026 TO

14-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-FEB-2027 TO

22-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.207-4 Economic Purchase Quantity-Supplies AUG 1987 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-7 Alternatives to Government-Unique Standards NOV 1999 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-5 Competition In Subcontracting DEC 1996 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006 52.247-34 F.O.B. Destination NOV 1991 52.248-1 Value Engineering JUN 2020 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 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

JAN 2023

252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 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 JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.237-7023 Continuation of Essential Contractor Services OCT 2010 252.237-7024 Notice of Continuation of Essential Contractor Services. OCT 2010 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

1. To maximize efficiency and minimize the time for proposal evaluation, Offeror and their subcontractors shall submit their proposals in accordance with these instructions. The Government intends to negotiate with Northrop

Grumman Systems Corporation (Northrop Grumman) on a sole source basis, utilizing the authority at 10 U.S.C.

2304(c)(1), Other than Full and Open Competition, as implemented by Federal Acquisition Regulation (FAR) 6.302- 1.

1.1. Definitions as used in this solicitation

Day is defined as a calendar day unless otherwise specified. If the last day of a specified period falls on a Saturday, Sunday, or Federal Holiday, the period shall be deemed to end on the next Federal work day.

Major subcontractor is defined as a subcontractor performing 50%, or more, of total projected labor hour costs.

1.1.1. Amendment(s) to the solicitation

If this solicitation is amended, terms and conditions that are not amended remain unchanged. Offeror shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

1.2. SUBMISSIONS

Norfolk Naval Shipyard (NNSY) Contracts Department, Code 451, requests a Firm Fixed Price (FFP) proposal in accordance with the requirements identified within this RFP. The Offeror's proposal must include all data and information requested by this solicitation and must be compliant with these instructions. Non-conformance with this solicitation may render the proposal ineligible for award. This solicitation will close at the exact date and time specified within the solicitation. The Offeror is responsible for submitting proposals and any revisions by the time specified in this solicitation. The Offeror will be unable to submit their proposals after the closing time. All submissions, modifications, revisions, and withdrawal of proposals shall be submitted via email to the following Norfolk Naval Shipyard Contracting Personnel:

Contract Specialist: Brittany Tavassoli at Brittany.b.tavassoli.civ@us.navy.mil Contracting Officer: Amber Hess at Amber.e.hess3.civ@us.navy.mil

It is the sole responsibility of the Offeror to ensure that the electronic media submitted is virus free and can be opened and read by the Government.

The electronic proposal shall be prepared as follows:

(i) Prepared with Microsoft Word, Excel, or (searchable) Adobe Acrobat software. The signed SF- 1449, and SF-30 amendments, if any, must be included in a proposal as scanned .pdf files. The electronic file submission of the Pricing Breakdown must be included in a proposal as an MS Excel file. The Government may be unable to receive other types of electronic files (e.g., .zip files).

(ii) Do not include hyperlinks to locations outside of the pertinent document (hyperlinks to places within the pertinent document (e.g., table of contents, section headings, tables and figures) are acceptable).

(iii) Spreadsheet files (workbooks) provided shall include all formulas, functions, macros, computations, and equations used to compute the proposed amounts. There shall be no cell references to data or links to files not included in the submissions, as appropriate. For each workbook, all rows, columns, cells, and worksheets shall be visible. Worksheet cells formatted with the font color equal to the fill color are not acceptable. Spreadsheets shall include all calculations in the cells (e.g. show all formulas). The Government MUST be able to determine how all rates are calculated. DO NOT hard enter data where formulas were used to calculate the entered value.

1.2.1. Questions

It is the Offeror’s responsibility to bring to the attention of the Contract Specialist, at the earliest possible time, but prior to the solicitation closing date, any ambiguities, discrepancies, inconsistencies, or conflicts between the E-Spec and other solicitation documents attached hereto or incorporated by reference. The deadline for all questions, concerns, and/or requests for clarification is seven (7) days after issuance of the solicitation. The Government reserves the right to not respond to any questions. Offeror is encouraged to carefully review all solicitation requirements and submit questions to the Government as early as possible. All questions shall be submitted via email to the Contract Specialist identified in section 1.2.

1.2.2. Provide the name, title, and contact information for the contractor’s Program Manager and Contracting Official responsible for the proposal.

1.2.3. Unless completed in SAM, “Representations, Certifications and Other Statements of Offerors” completed by the Offeror. Identify all current, past, or pending issues which may affect the Government’s determination of responsibility for both the Prime and any proposed subcontractors as defined in FAR 9.104.

1.2.4. Pursuant FAR 15.408, your proposal shall include the following statement:

“This proposal reflects our estimates and/or actual costs as of this date and conforms with the instructions in FAR 15.403-5(b)(1) and Table 15-2. By submitting this proposal, we grant the Contracting Officer and authorized representative(s) the right to examine, at any time before award, those records, which include books, documents, accounting procedures and practices, and other data, regardless of type and form or whether such supporting information is specifically referenced or included in the proposal as the basis for pricing, that will permit an adequate evaluation of the proposed price.”

1.2.5. Identify any assumptions that were relied upon in developing the proposal.

1.2.6. In the event that alterations to the solicitation are determined by the contractor to be necessary, the contractor shall clearly identify the items in question and explain the specific reasons/justification for requesting an alteration.

This includes any requested alterations to any of the terms or conditions of this solicitation.

1.2.7. Identify whether your company will require the use of Government property in the performance of the anticipated contract. If so, provide a list of the property required and a written justification for use and necessity.

1.2.8. In the event any person who is not a bona fide employee of the Offeror participated in the creation, formulation, or writing of any portion of the proposal, a certificate to this effect shall be included in the proposal which shall be signed by an officer of the Offeror. Such certificate shall identify the name of the person who is not a bona fide employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the Offeror, and the portion of the proposal in which the person participated.

1.2.9. A complete and signed Solicitation and executed copy of all Amendments, if applicable, completed by the Offeror.

2. COST/PRICE PROPOSAL

2.1 The Offeror’s price proposal shall contain pricing data sufficient to allow for the Government to perform an analysis of the proposed price and to determine the proposed price as fair and reasonable. Offeror shall provide the basis of estimate, including explanation and rationale sufficient to support a determination of reasonableness. This information shall be submitted in electronic formats, in Microsoft Excel Format with working formulas, rounded to the nearest dollar and formatted to trace cost flow. Any cost/price supporting documentation, to include but not limited to:

(i) Price lists.

(ii) Copies of competitive quotes received from suppliers.

(iii) Copies of invoices where the Offeror performed the same or similar service for commercial and

Government customers.

This section shall be structured as shown in the table below:

Price Table of Contents Section A: Completed Standard Form 1449 (SF 1449) Section B: Material Price Breakdown Section C: Labor Price Breakdown

2.2. Section A: Completed Standard Form 1449 (SF 1449)

Any price to comply with these requirements shall be included in the price of the Contract Line Item Numbers (CLINs) listed in the RFP.

2.3. Section B: Material Price Breakdown

The Offeror’s proposal shall include a detailed/itemized breakdown by cost/price element for each CLIN in support of materials and supplies. The following shall be provided as minimum:

(i) Itemized list of anticipated material required.

(ii) Quantity of each material item.

(iii) Unit and overall cost/price associated with each material item.

(iv) Relevant information such as identification of the Manufacturer and part numbers.

(v) Any applicable price lists or agreements with vendors demonstrating unit price reasonableness.

2.4. Section C: Labor Price Breakdown

The Offeror’s proposal shall include a detailed/itemized breakdown by cost/price element for each CLIN in support of labor and services. The following shall be provided as minimum:

(i) Identification of all labor categories supporting the effort (i.e. Sr. Technician, laborer, etc.). Also note any required qualifications, certifications, education, and experience required to perform the work.

(ii) For each of the labor categories identified, provide the number individuals and hours each individual will expend in the accomplishment of the required task. Provide a summary of the effort required from each of the labor categories.

(iii) Fully burdened labor rates for each category identified. If there is more than one contractor employee within a single labor category, identify the burdened rate for each individual or provide a composite burdened rate for each labor category.

(iv) Any other relevant labor considerations accounted for in the unit price build up.

3. SUBCONTRACTING

3.1. Offeror shall submit and negotiate a subcontracting plan IAW FAR 19.704, where applicable. Subcontracting Plans are not required from “Small Businesses”. Subcontracting Plans are required from businesses that qualify as

“Large Businesses” under the NAICS Code 336611.

3.2. If subcontractors are proposed, the Contractor shall comply with FAR 15.404-3(b) and (c). Any and all subcontracts shall be identified and priced within the proposal. Subcontracts (regardless of dollar value) shall be adequately documented. The same level of detailed cost information required in this solicitation of the prime contractor, to include other than certified cost and pricing data as required, shall be provided by each subcontractor proposed for this effort. The Subcontracting Plans should target the following minimum goals:

(i) 22% of Small Business

(ii) 5% for Small Disadvantaged Business

(iii) 5% for Women Owned Business

(iv) 3% for HUBZone

(v) 3% for Service-Disabled Veteran Owned Small Business

For each small business category, which the large business Offeror fails to meet the targeted minimum goal, it shall provide an explanation of the reasons why it cannot meet the minimum percentage goal for that small business category. Goals will be incorporated and become part of any resultant contract(s) in accordance with FAR 19.702(a)(1).

3.3. Letters of Commitment

Offeror shall provide Letters of Commitment from all major subcontractors, if any. If the Offeror has no major subcontractor as defined, then a Letter of Commitment is required from the subcontractor performing the largest portion of subcontracted work under this effort.

3.4. The Offeror shall provide a description of the anticipated work to be performed, the extent of competition utilized to select the proposed subcontractor(s). This shall include identification of the subcontractor contract type, the date of subcontractor proposal, a copy of the subcontractor proposal, the basis on which the subcontractor was selected, and a detailed cost/price analysis of each subcontractor proposal that describes the cost/price analysis performed by the Prime and how that analysis resulted in the Prime’s determination of the submitted subcontractor rate cost/price as fair and reasonable.

3.5. In requesting proposals from prospective subcontractors, the Contractor shall provide all necessary information for the requirement. The Government will not advise subcontractors as to the requirements for their transactions with the Prime Contractor, nor will the Government respond to direct inquiries from prospective subcontractors concerning clarifications of specifications or solicitation requirements. ALL SUCH REQUESTS FOR

CLARIFICATION MUST BE SUBMITTED TO THE GOVERNMENT THROUGH THE PRIME

CONTRACTOR.

3.6. The significant subcontractor and/or team member cost proposals referenced in the preceding paragraph shall be included in the Contractor’s required submission to NNSY, Contracts Department, as described in Section L. The cost/price proposals may be submitted to the Prime Contractor directly or to NNSY, Contracts Department, under separate cover, but shall be received no later than the proposals’ due date.

3.7. If the prime contractor’s estimate is different than the submitted subcontractors estimate for the same effort, the prime contractor shall clearly justify the difference.

3.8. The Government will NOT permit the "tiering" of profit or fee on any subcontract. The Government will NOT permit any "profit-on-profit" or "fee-on-fee" on any subcontract. The only exception to this requirement is a subcontractor awarded a fixed price contract in a competitive environment where cost and pricing data was not available.

(End of provision)

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

(A) The Government intends to award a Firm Fixed Price contract to Northrop Grumman Systems Corporation (Northrop Grumman) on a sole source basis, utilizing the authority at 10 U.S.C. 2304(c)(1), Other than Full and Open Competition, as implemented by Federal Acquisition Regulation (FAR) 6.302-1. To be eligible for award, the offeror’s proposal must:

(i) propose a fair and reasonable price and

(ii) be determined responsible under FAR 9.104.

(B) Price

In accordance with FAR 15.404-1, price will be evaluated to ensure that the final agreed-to price is fair and reasonable. The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Examples of such techniques include, but are not limited to, the following:

(i) Comparison of proposed prices received in response to the solicitation. Normally, adequate price competition establishes a fair and reasonable price.

(ii) Comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items. This method may be used for commercial products or commercial services including those “of a type” or when requiring minor modifications for commercial products.

(C) Contractor Responsibility

To be eligible for award of a contract hereunder, the offeror must be determined by the Contracting Officer to be a responsible prospective contractor. To be determined responsible, a contract must:

(i) Have adequate financial resources to perform the contract, or the ability to obtain them.

(ii) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

(iii) Have a satisfactory performance record.

(iv) Have a satisfactory record of integrity and business ethics.

(v) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor an subcontractors).

(vi) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

(vii) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

(D) Discussions

The Government intends to evaluate proposal and to award without discussions; therefore, each Offeror's initial proposal should contain its best terms. The Government reserves the right to conduct discussions if later determined to be necessary.

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

COMMERCIAL SERVICES (DEC 2022)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free

Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

Other Foreign End Products:

Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No.

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of…