N4523A21Q1335_Combined Synopsis Solicitation_NonSUBSAFE Valve Repair IDIQ.docx

COMBINED SYNOPSIS/SOLICITATION

PUGET SOUND NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE FACILITY (PSNS & IMF)

Solicitation: Non-SUBSAFE Valve Repair

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, using Simplified Procedures for Certain Commercial Items found at FAR 13.5, as supplemented with additional information included in this notice. PSNS & IMF, located in Bremerton, WA, is requesting a proposal from your firm for the requirement listed in the attached Performance Work Statement (PWS). Please submit your proposal, along with the rest of the solicitation requirements in the current solicitation, no later than 21 October 2021 by 10:00 AM Pacific Time via DoDSAFE. Please submit request for DoDSAFE drop-off link via email to Brandon Sisson at brandon.m.sisson@navy.mil, Remo Dela Cruz at remodino.delacruz@navy.mil, and Code 440 Command Services at c440.commandserv.fct@navy.mil, by 20 October 2021 by 10:00 AM Pacific Time. Proposals submitted after solicitation closing will not be considered. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation questions shall be submitted electronically via email to Brandon Sisson at brandon.sisson@navy.mil, and Remo Dela Cruz at remodino.delacruz@navy.mil, no later than 10:00 AM Pacific Time on 30 September 2021.

2. Solicitation number N4523A21Q1335 is a Request for Proposal (RFP).

3. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07 dated 10 September 2021, and Defense FAR Supplement (DFARS) Publication Notice 30 August 2021.

4. This acquisition is solicited full and open competition without exclusions and only qualified offerors, as defined in the Federal Acquisition Regulations (FAR) 2.101, may submit a proposal. The associated North American Industry Classification (NAICS) code is 811310, with a Small Business Size Standard of $8 million in average annual receipts. The Product Service Code (PSC) associated with this requirement is J048, Maintenance, Repair, Rebuild of Equipment – Valves.

5. The Government intends to award an Indefinite Delivery Indefinite Quantity (IDIQ), Multiple Award Contract (MAC) with Firm-Fixed Priced Task Orders. PSNS&IMF intends to utilize this non-personal service contract to obtain valve refurbishment/repair services supporting projects as required for efforts on submarines.

5.1. See Attachment 1: Performance Work Statement, for a detailed description of the anticipated services.

The Government intends to award firm-fixed price task orders under the IDIQ.

The CLIN consists of:

Number Non-SUBSAFE Valve Repair Services

FFP

Description: This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for non-SUBSAFE submarine valve refurbishment/repair services. The task orders will be awarded on Firm-Fixed Priced basis. The resulting contract has an estimated value of $5,609,500, or five year ordering period, whichever comes first.

FOB: Destination

PSC CD: J048

6. Delivery shall be FOB Destination. The delivery location information is provided in the PWS. Unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

7. Period of Performance: Five-year ordering period from date of base IDIQ contract award. The anticipated contract award date is 03 December 2021.

8. Mandatory Registration. To be eligible for award, registration with the System for Award Management (SAM) must be current at the time of submitting proposals. This requirement is not waived. To register or apply please visit the SAM website at http://www.sam.gov. If you are not registered, you may request an application at (866) 606-8220 between the hours of 6 am – 8 pm (Eastern Time). The Contracting Officer will verify the Entity’s CAGE code prior to award.

Please provide the following information, with a copy of provisions in accordance with FAR 52.212-3 including its Alternate I, Offeror Representation and Certifications-Commercial Items.

Name of Business Entity:

Primary Address:

DUNS No.:

CAGE Code:

Federal Tax ID:

Name of Contact:

Phone #:

Email Address:

9. Offerors are notified that initial proposals which are incomplete may be eliminated from further consideration for award. The contractor must meet all requirements of this Request for Proposal.

10. FAR 52.212-1 Instructions to Offerors -- Commercial Items (Jul 2021) is incorporated by reference, with the same force and effect as if it were given in full text. All terms and conditions of FAR 52.212-1 remain in effect. The following has been tailored to this procurement and are hereby added via addendum:

10.1. Vendors shall follow the instructions contained herein. The proposal shall respond directly to the requirements of this solicitation. Failure to meet a requirement may result in an offer being ineligible for award.

10.2. Small Business Subcontracting Plan: Applies to "other than small businesses" only. The offeror shall submit a Small Business Subcontracting Plan, as part of their initial proposal. The Subcontracting Plan is not evaluated, but it is a requirement for award to "other than small businesses" and it will be incorporated into any resultant contract. The plan shall contain the elements required by FAR Clause 52.219-9, and NAVSEA text L-219-H001. The plan must be approved by the Contracting Officer and will be incorporated into the contract upon award.

The recommended goals for this acquisition are as follows (based on total proposed subcontracted effort):

15.0% for Small Businesses 1.50% - Small Disadvantaged Businesses (including ANCs and Indian tribes) 1.75% - Women-Owned Small Businesses 1.0% - HUBZone Small Businesses 0.10% - Service-Disabled Veteran-Owned Small Businesses None Assigned - Veteran-Owned Small Businesses None Assigned – 8A

Any questions concerning a particular subcontractor's size status shall be resolved through consultation with the Small Business Administration. If there are no subcontracting opportunities, offeror’s shall provide a written statement, explaining why the goal cannot be included in the plan that shall be approved by the Contracting Officer pending Deputy of Small Business’ concurrence.

L-219-H001 SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN (NAVSEA) (JAN 2021)

Offeror shall submit as part of its proposal a subcontracting plan in accordance with the clause entitled "Small Business Subcontracting Plan" (FAR 52.219-9). The plan shall include a five percent (5%) goal for small disadvantaged business concerns or a detailed explanation as to why the goal cannot be included in the plan.

(End of Provision)

10.3. Specific Instructions: The response shall consist of two (2) parts:

10.4. Part 1- Technical Proposal

The technical proposal shall not exceed 12 single-sided pages, with 12 point font. Up to five (5) additional drawing/diagram pages can be included as required. The technical proposal shall, at a minimum, be prepared in a format consistent with the evaluation criteria for award set forth in the addendum to FAR clause 52.212-2 of this solicitation.

The proposal shall not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the PWS (including referenced publications, technical data); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data); and phrases such as “standard procedures employed” or “well known techniques used,” will be considered unacceptable.

Each offeror shall ensure the provision at FAR 52.212-3 including its Alternate I, Offeror Representations and Certifications--Commercial Items (Apr 2016), are updated at www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award.

10.4.1. The Technical Proposal must include the following at a minimum.

Experience

The Government requires contractors capable of performing a variety of different refurbishment/repair processes expected under this contract. The Contractor must be capable of handling multiple task orders simultaneously that are comparable in magnitude of refurbishment/repair of what is expected under this contract. The purpose is to demonstrate the Offeror’s experience completing multiple projects with concurrent periods of performances utilizing multiple repair processes.

10.4.2. The Offeror, or offering entity in the case of joint venture, shall provide evidence of five (5) relevant contracts, projects, or task orders completed within the past three (3) years from the issuance date of this RFP. If more than five (5) projects are submitted only the first five (5) projects will be evaluated. Projects shall demonstrate contract complexity by submitting projects that perform the refurbishment or repair practices, as required in the PWS para 6.2.8. Projects shall submit experience for performing repair services or refurbishment services on at least two valve types shown in PWS section 1, Valve Table, and the ability to manage concurrent periods of performance. The valves shall not be manufactured by the Offeror. Provide evidence of a minimum of two (2) instances where a minimum of two (2) or more projects were performed with overlapping periods of performance, demonstrating similarity to the scope, and magnitude of this requirement.

10.4.3. Experience shall be performed as a prime contractor, subcontractor, or as the offering entity, in the case of a joint venture. If submitting as an offering entity, and the offering entity does not have the requisite experience, then submit experience as a prime contractor for each partner of the joint venture.

10.4.4. For each project, submit the following information:

a) Project Title & Location

b) State whether work was performed as the Prime or subcontractor

c) Dollar Value of Work

d) Start Date, Original Completion Date, and Final Completion Dates (Month/Year)

e) Project completed or delivered on time

f) Description of Project, and its relevancy to the work that may be ordered under resulting task orders, experience shall include valve repair types shown in PWS paragraph 6.2.8. The description shall substantiate the validity of performance of same or similar work to include any applicable quality standards or processes used to accomplish work. The information provided shall be specific, detailed, and clearly demonstrate the comparability that the Offeror is assessing as its understanding of the requirement.

g) For Non Federal Contracts-Provide customer point of contact (i.e., name, relationship to project, agency/firm, city, state, current phone number, and email address)

h) For Federal Contracts-Contract Numbers with Government Point of Contact

i) Percentage of project self-performed, dollar value, and specific repair type processes self-performed

j) Percentage, dollar value, and specific types of repair type processes performed by your subcontractors

10.4.5. Projects provided for experience shall show the Offeror’s ability to manage/perform multiple projects performed simultaneously, and in the following categories:

10.4.5.1. The similarity of the scope, magnitude, and complexity of Offeror’s previous experience.

10.4.5.2. The Offeror’s experience in performing/managing multiple projects/task orders being executed either simultaneously or on an overlapping basis;

10.5. NAVSEA texts incorporated by full text:

L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2019)

(a) NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information.

(c) Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government.

(End of Provision)

11. FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014) is incorporated by reference, with the same force and effect as if it were given in full text. All terms and conditions of FAR 52.212-2 remain in effect. The following have been tailored to this procurement and are hereby added via 52.212-2 below addendum:

The Government intends to solicit the current requirement on an unrestricted basis in accordance with FAR Part 12, Acquisition of Commercial Items, using FAR Part 13, Simplified Acquisition Procedures, and award an Indefinite Delivery, Indefinite Quantity (IDIQ), Multiple Award Contract (MAC), with Firm-Fixed priced Task Orders, for valve repair services. This is a competitive selection in which competing offerors will be evaluated using the Technically Acceptable criteria, in accordance with FAR 13.106-1(a)(2)(iv)(A). The Government intends to award to all qualified and responsible offerors whose technical proposals are determined to be technically acceptable. The Government intends to award without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

11.1. Evaluation Factors:

11.2. Technical Proposal

The Government will evaluate technical proposals on an overall “acceptable” or “unacceptable” basis. Offerors are required to be found acceptable within technical factor 1, in its entirety, in order for their technical proposal to be deemed technically acceptable. Offerors receiving an unacceptable rating for its Technical Factor will not receive further consideration.

The Offeror shall comply to all stated terms, conditions, representations, certifications, and other information required by 52.212-1 of this solicitation. The Government will evaluate the offerors’ technical proposal against the attached PWS.

The following rating will be used in rating technical proposals:

11.3. Factor 1- Experience

The Government will evaluate the Offeror’s experience on an acceptable/unacceptable basis and assign one of the ratings described below based on the criteria listed.

2. The Offeror demonstrates similar scope, magnitude, and complexity of previous experience for repairs or refurbishments of valves not manufactured by the Offeror. Scope of experience is defined as completing a minimum of five valves per purchase order. Magnitude is defined as completing a minimum of two purchase orders with overlapping periods of performance. The complexity is defined as repairing the identified valves in accordance with section PWS. 6.2.8. The contractor is required to have experience repairing a minimum of two valves shown in PWS section 1, Valve Table and refurbishment of at least two of the types of valves.

12. FAR/DFARS provisions, and clauses; and NAVSEA texts applicable to this solicitation:

Provisions Incorporated by Reference:

· FAR 52.204-7 System for Award Management (Oct 2018)

· FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

· FAR 52.216-27 Single or Multiple Awards (Oct 1995)

· FAR 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020)

· DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

· DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

· DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation (Dec 2019)

· DFARS 252.204-7017 Prohibition of the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)

· DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2020)

· DFARS 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation. (DEVIATION 2020-O0015) (May 2020)

· DFARS 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime (DEVIATION 2020-O0005) (Feb 2020)

Provisions Incorporated by text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representation. The Offeror represents that—

(1) It __ will, __ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It __ does, __does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision) 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

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

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

(c)

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

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

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror (__) has (__) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2021)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

The Ombudsman is:

Name: Patricia Kelly Address:

1400 Farragut Avenue Bremerton, WA 98314-2026 Phone: (360) 710-5753 E-mail: patricia.l.kelly@navy.mil

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the contracting officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

12.1. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (MAY 2015), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

12.2. Clauses Incorporated by Reference:

· FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

· FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

· FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

· FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

· FAR 52.223-6 Drug-Free Workplace (MAY 2001)

· FAR 52.232-18 Availability of Funds (APR 1984)

· FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

· FAR 52.245-1 Government Property (JAN 2017)

· FAR 52.245-9 Use and Charges (APR 2012)

· FAR 52.251-1 Government Supply Sources (APR 2012)

· DFAR 252.211-7007 Reporting of Government-Furnished Property (AUG 2012)

· FAR 52.247-34 F.O.B. Destination (NOV 1991)

· DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

· DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

· DFARS 252.203-7003 Agency Office of the Inspector General (AUG 2019)

· DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)

· DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016)

· DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019)

· DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

· DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (DEC 2019)

· DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. (NOV 2020)

· DFARS 252.211-7003 Item Unique Identification and Valuation (MAR 2016)

· DFARS 252.211-7008 Use of Government-Assigned Serial Numbers (SEP 2010)

· DFARS 252.225-7048 Export Controlled Items (JUN 2013)

· DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

· DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

· DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

· DFARS 252.243-7001 Pricing Of Contract Modifications (DEC 1991)

· DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012)

· DFARS 252.244-7000 Subcontracts for Commercial Items (OCT 2020)

· DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

· Property (APR 2012)

· DFARS 252.245-7002 Reporting Loss of Government Property (JAN 2021)

· DFARS 252.245-7003 Contractor Property Management System Administration (APR 2012)

· DFARS 252.245-7004 Reporting, Reutilization, and Disposal (DEC 2017)

12.3. Clauses Incorporated by Full Text:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

X (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

X (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

X (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

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

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

Applicable Service Contract Labor Standards Wage Determination will be based on the awardee’s primary place of performance.

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.53.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits:

23370 – General Maintenance Mechanic WG-10 $(see below website for specific location wages) + 34.5%.

https://www.dcpac.osd.mil/BWN/AFWageSc

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware,…