N4523A22R0804.pdf

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Attached to
Shop Support IDIQ MAC Federal contract opportunity
Solicitation number
N4523A22R0804
Issued by
Department of the Navy Naval Supply Systems Command

About this file

This is a solicitation for a firm-fixed-price indefinite delivery/indefinite quantity multiple award contract for qualified shop support trades. The scope includes welding, fire watch, pipefitting, shipfitting, electrical repairs, and other trades to support repair, maintenance, and alteration of Navy vessels at various locations in Washington state. The contract period of performance is five years from the September 2022 award date. Offerors must demonstrate experience providing the labor trades outlined in the statement of work without subcontractors. Proposals are due by March 14, 2022 and will be evaluated on technical capabilities, certifications, a heavy metal plan, and past performance. Awards will be made to all responsible offerors with acceptable proposals. Pricing will be evaluated at the delivery order level in accordance with FAR part 16.

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SEE ADDENDUM

(No Collect Calls)

N4523A22R0804 10-Feb-2022

b. TELEPHONE NUMBER

360-689-8774

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 14 Mar 2022

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.

N4523A9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRIS DAVIDSON

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

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PUGET SOUND NAVAL SHIPYARD CODE 400

1400 FARRAGUT AVE, MAIL STOP 2026

BREMERTON WA 98314-2026

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N4523A 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PUGET SOUND NAVAL SHIPYARD

LOREN FREI

1400 FARRAGUT

BREMERTON WA 98314

TEL: (360) 340-4816 FAX:

FAX:

TEL: 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 OF35

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.

N4523A22R0804

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

Non-Nuclear Qualified Shop Support

FFP

Qualified non-nuclear shop support in order to augment the organic shipyard workforce in support of waterborne vessels, surface ships and submarines visiting or homeported in Bremerton, Everett, Keyport and Bangor, Washington, as awarded under individual delivery orders issued in accordance with the terms and conditions of this contract.

FOB: Destination

PSC CD: J999

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

CDRLs

FFP

All deliverables annotated in CDRLs A001 through A004 shall be delivered as required and in accordance with the Statement of Work. CDRLs shall not be separately priced.

MAX

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00 $25,630,444.21

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 06-SEP-2022 TO

05-SEP-2027

N/A PUGET SOUND NAVAL SHIPYARD

LOREN FREI

1400 FARRAGUT

BREMERTON WA 98314

(360) 340-4816

N4523A

0002 POP 06-SEP-2022 TO

05-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

N4523A

SPECIAL REQUIREMENTS

H-1.0 MINIMUM CONTRACT GUARANTEE AND MAXIMUM POTENTIAL

a. The guaranteed minimum quantity (dollar amount) for this contract shall be $1,000 as met through the issuance of one or more delivery orders within the first year of the ordering period. For any MAC holder that is not issued a delivery order within the first year of the contract, the Government will fulfill its obligation to order a minimum quantity by paying the contractor $1,000 at the end of the first year of the ordering period.

b. The Government has no obligation to issue delivery orders to any contractor beyond the amount specified in paragraph (a) of this clause. Once the conditions of paragraph (a) have been met, the Contractor will continue to have the fair opportunity to be issued delivery orders under this contract, unless notified by the Contracting Officer in accordance with provision section 3.2.

c. The maximum quantity (dollar amount) that may be potentially awarded under this contract is $25,630,444.21 between all IDIQ holders combined.

d. Funding, including specific accounting data, will be specified within each delivery order and not at the time of contract award.

H-2.0 DELIVERY ORDER PLACEMENT PROCEDURES – GENERAL

a. The following ordering procedures apply to all delivery orders issued under this contract. Generally, delivery orders will be issued in writing. However, orders may be issued orally, provided that oral orders are later formalized.

Delivery orders shall be issued in accordance with Federal Acquisition Regulation 52.216-19 and 52.216-22;

Defense Acquisition Regulation 252.216-7006 and related clauses. The procedures described in this contract provide a framework for ordering, and the contracting officer may adjust and modify these procedures, as necessary, to facilitate and streamline the delivery order solicitation and award process.

b. After the completion of each delivery order, the COR will perform an assessment utilizing CPARS, dependent on the dollar threshold of the delivery order. For each performance assessment, the contractor will have sixty days to respond to the performance rating.

c. If a contractor fails to maintain an overall past performance rating of at least (Satisfactory) for two consecutive delivery orders, they will be determined ineligible to compete for future delivery order awards. The contractor will remain ineligible to compete for future delivery awards until the contracting officer has determined that the contractor has demonstrated that it has taken appropriate action to prevent recurrence of its unsatisfactory performance. The determination will be made at the discretion of the contracting officer.

H - 3.1 DELIVERY ORDER PLACEMENT PROCEDURES—COMPETITION

Delivery orders may be issued under this contract on either a competitive or non-competitive basis. When the contracting officer has determined that a delivery order will be competitively awarded, the contracting officer will request task order request for proposals from all IDIQ MAC holders. Eligibility will be based upon each contractor maintaining a technically acceptable rating in accordance with Evaluation Factors for award of this solicitation.

In addition, for competitively awarded delivery orders:

(1) It is intended that price will be the only evaluation factor; however, the Government may include a non-price evaluation factor or factors if the contracting officer determines that it is necessary for a particular delivery order.

The RFP shall request that contractors submit a proposal to perform the support identified in the statement of work for each order.

(2) It is intended that the task order proposals will be evaluated using the lowest price technically acceptable (LPTA) evaluation process as laid out in FAR 15.101-2 to determine best value to the government. The RFP shall request that contractors submit a firm fixed price proposal to perform the requirements identified in the statement of work for each order

(3) The Government intends to make a delivery order awards based upon initial offers to the maximum extent possible. The contracting officer reserves the right to hold interchanges with offerors prior to making an award decision, if deemed necessary. Therefore, each offer should contain the offeror’s best terms from a price and technical standpoint.

Interchanges are fluid interaction(s) between the Contracting Officer (KO) and the offerors that may address any aspect of the proposal that may or may not be documented in real time. Interchanges may be conducted with one, some, or all offerors as the Government is not required to conduct interchanges with any or all offerors responding to this RFP.

Once the Government determines the offeror with the LPTA proposal to meets stated requirements, the Government reserves the right to hold interchanges with only that offeror to address any issues, if necessary, and finalize an order with that offeror. If the parties cannot successfully resolve outstanding issues, as determined pertinent at the sole discretion of the Government, the Government may enter interchanges with the next most advantageous offeror, based on the original analysis and address any necessary issues with that offeror. If the Government begins interchanges with the next most advantageous offeror, no further interchanges with the previous offeror will be entertained until after order award. This process will continue until an agreement is successfully reached and an order is awarded..

(4) Solicited IDIQ holders are strongly encouraged, but not required, to provide offers on competitively awarded delivery orders. Offerors must clearly delineate which work is to be accomplished by the prime contractor and any subcontractors.

H – 3.2 DELIVERY ORDER PLACEMENT PROCEDURES—FAIR OPPORTUNITY

a. Only a warranted PSNS & IMF Contracting Officer has the authority to issue a delivery order under this contract.

b. All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract will take precedence.

c. It is the Government’s intent to offer a fair opportunity (see FAR part 16.505) for each delivery order under this contract. However, awardees need not be given an opportunity to be considered for a particular delivery order if the contracting officer determines that:

(1) The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays;

(2) Only one such contractor is capable of providing such supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

(3) The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on to a delivery order already issued under the contract or through exercise of option periods specified in the original delivery order, provided that all awardees were given fair opportunity to be considered for the original delivery order; or

(4) It is necessary to place a delivery order to satisfy a minimum guarantee.

d. No work will be performed and no payment will be made except as authorized by a delivery order.

e. The contracting officer's selection decision on each delivery order RFP shall be final and shall not be subject to the protest or disputes provisions of the contract as referenced in FAR Part 33, except for a protest that the delivery order increases the scope, period, or maximum value of this contract.

f. The Government intends to use electronic commerce methods to the maximum extent practicable for delivery orders.

H – 3.3 DELIVERY ORDER PROCESS

The framework for the delivery order process is illustrated below.

(1) The Government requirements office shall issue a Purchase Request and Statement of Work (SOW) for a potential delivery order to the contracting officer.

(2) The contracting officer will determine whether the delivery order will be non-competitively or competitively awarded.

(a) For non-competitive awards, the contracting officer will provide a delivery order Request for Proposal (Delivery Order RFP) to one eligible IDIQ contract holder, which will generally include:

i. The Statement of Work and any related technical documents;

ii. The Period of Performance dates;

iii. Reporting requirements and list of deliverables;

iv. Any special instructions, conditions, notices, performance measures etc., applicable to the delivery order (DO);

v. The date and time by which a response is due.

(b) For competitive delivery order awards, the contracting officer will provide a Delivery Order RFP to all eligible IDIQ holders, which will generally include:

i. The Statement of Work and related technical documents;

ii. The Period of Performance dates;

iii. Reporting requirements and list of deliverables;

iv. Any special instructions, conditions, notices, performance measures, etc., applicable to the DO;

v. The evaluation factor or factors;

vi. The date and time by which a response is due.

(3) The contracting officer, as necessary, may conduct pre-solicitation and/or pre-proposal conferences.

(4) Solicited IDIQ MAC holder(s) that do not intend to submit an offer shall provide the contracting officer with such notice, in writing (email), prior to the response due date.

(5) Delivery order proposals will be evaluated in accordance with this contract and any factors identified in the delivery order RFP. The Government reserves the right to conduct oral or written interchanges with offerors prior to making an award decision. If award is not made from initial offers, all offerors eligible for such an award will be provided the opportunity to submit a final proposal revision (FPR.) If such an offeror does not wish to revise its proposal, it shall notify the contracting officer of this decision in writing prior to the due time and date for FPR’s.

(6) Following the completion of proposal evaluations, the contracting officer will award a delivery order if it is considered to be in the best interest of the Government to do so.

(7) After award, the ordering activity will provide timely notification to unsuccessful offerors.

H – 3.4 IDENTIFICATION OF CONTRACTOR EMPLOYEES

During the period of this contract, the rights of ingress and egress to and from any Government vessel, office or facility for prime contractor representatives shall be made available as required. All prime contractor employees and their subcontractors whose duties under this contract require their presence at any Government facility, office or vessel, shall be clearly identifiable by the prime contractor’s corporate identification badges worn on the outer garment and the prime contractor’s company logo on their hardhats, at all times. The obtaining of the corporate identification badge and logo is the sole responsibility of the prime contractor. All on-site prime contractor personnel and their subcontractors shall abide by security regulations, applicable to the specific site.

H – 3.5 ROLLING ADMISSIONS

a. The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional IDIQ holders.

ADDENDUM TO 52.212-1

1. GENERAL:

Offerors are not required to submit their proposal in accordance with Provision 52.212-1 Instructions To Offerors; rather offerors are required to submit their proposals in accordance with this ADDENDUM TO

PROVISION 52.212-1 INSTRUCTIONS TO OFFERORS.

A. Instructions:

1. Offerors shall submit their proposals in accordance with the following preparation instructions. The

Government will consider any failure on the part of an offeror to comply with these instructions to be an indication of the quality of performance it can expect during contract performance. Therefore, the Government encourages offerors to contact the Contracting Officer (KO) in writing in order to request an explanation of any aspect of these instructions.

2. A proposal should not simply rephrase or restate the Government’s requirements but rather provide convincing rationale to address how the offeror meets these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the offeror’s proposal.

3. Representation and Certifications per FAR Clauses 52.212-3. If your information is already in the System for Award Management at SAM – https://www.sam.gov, the offeror is not required to submit their completed Representations and Certifications.

4. If an offeror believes that the requirements in these instructions contain an error, omission or are otherwise unsound, the offeror shall immediately notify the KO in writing with supporting rationale as well as the remedies the offeror is asking the KO to consider as related to the omission or error.

5. Relationship between Instructions and Evaluation: Your attention is directed to the functional relationship between the ADDENDUM TO Provision 52.212-1 INSTRUCTIONS TO OFFERORS and EVALUATION FACTORS FOR AWARD of this solicitation. The ADDENDUM TO Provision 52.212-1 INSTRUCTIONS TO OFFERORS provides information for the purpose of organizing the proposal and is not intended to be all inclusive. EVALUATION FACTORS FOR AWARD describes the evaluation factors for award. Since the Government evaluation of proposals will cover areas identified in EVALUATION FACTORS FOR AWARD, proposals should address all such areas of evaluation.

6. ALL INQUIRIES shall be made via email and directed to Chris Davidson, Contract Specialist, and Loren

Frei, Contracting Officer, at Christopher.t.davids@navy.mil and loren.frei@navy.mil. To ensure the Government is able to adequately address and respond to offeror requests for clarification (RFCs) via amendment if applicable, it is requested questions be submitted no later than 24 February 2022 at 10:00 AM Pacific Standard Time (PST). The government reserves the right to not answer any questions received after 24 February 2022 at 10:00 AM PST. Furthermore, offerors should note that the proposal due date will not be extended solely on the basis of questions received. RFCs shall reference the solicitation and specification page and paragraph number and be submitted on a request for clarification form (Attachment J-2) provided with this solicitation. A request for clarification form (Attachment J-2) shall be submitted for each separate question.

B. Proposal Submission Instructions:

1. Time of Submission: Proposals are DUE NOT LATER THAN 10:00 AM PST, 14 March 2022. Late proposals will not be considered.

2. Method of Delivery: Proposal submissions shall only be accepted electronically. Offerors must submit electronic copy of their proposal in accordance with Table 1 below. Proposals are now being submitted via DoD SAFE.

Table 1- Required Submission Process

Transmission Process Complete action by Point of Contact Email POC’s to request a Drop off on DoD SAFE.

Request Drop off Link no later than 24 hours prior to closing date

Include both POC’s in ALL Electronic communications to include SAFE upload.

Chris Davidson Christopher.t.davids@navy.mil Loren Frei loren.frei@navy.mil

POC will send email confirmation back with safe request code.

No later than 2 business days after contractors makes request.

Upload Electronic response via https://safe.apps.mil/ **SAFE uploads are only available for 7 days**

No later than 10:00 AM PST on 14 March 2022

*******OFFEROR MUST REQUEST A DROP OFF IN DOD SAFE VIA THE POC’s LISTED

ABOVE. PROPOSALS ARE NOT ABLE TO BE SUMITTED DIRECTLY TO SAFE WITHOUT A

DROP OFF REQUEST. *******

NOTICE: Prospective offerors are hereby cautioned to allow sufficient time to become familiar with the SAFE electronic response submission system before the proposal due date. The government accepts no responsibility for the offeror’s e-business system’s compatibility with DoD SAFE. Public accessibility to SAFE is well established therefore offerors are responsible for making any alternative arrangements if their specific e-business system software or configuration prevents access to DoD

SAFE.

3. Electronic Delivery of Proposals: Proposals are DUE NOT LATER THAN 10:00 AM PST, 14 March 2022. Late proposals will not be considered. The timeliness of proposals will be determined in accordance with (IAW) FAR 52.215-1(c)(3)(ii)(A).

For an electronic document to be considered as part of the proposal, it must be uploaded to SAFE prior to the closing deadline. Electronic files not uploaded to DoD SAFE prior to the closing deadline will not be considered as part of the proposal. If any portion of the uploaded proposal is unreadable or contains corrupted files, re-submission of such portions shall be handled IAW FAR 15.207(c). IAW FAR 15.208(b)(1)(i), it is highly recommended that offerors upload their proposal to DoD SAFE at least twenty-four (24) hours prior to the solicitation deadline as well as read and become familiar with the about DoD SAFE located at https://safe.apps.mil/about.php.

Proposals submitted via the DoD SAFE tool may be downloaded upon receipt by the Government but will not be opened for evaluation until the solicitation closes. Interested offerors should take into consideration the time that the file upload and electronic transmission process may take, to ensure timely proposal submission.

Offerors that experience technical difficulties accessing or using the DoD SAFE tool should immediately contact DoD SAFE Support at disa.gsd.apps@mail.mil via email, to seek resolution. Offerors are also requested to notify the Government POCs listed on the solicitation notice of any DoD SAFE issues preventing proposal submission.

4. Electronic File Format: Only the following extensions shall be used:

.docx for Microsoft® Word files .xlsx for Microsoft® Excel files .pdf for Adobe® Acrobat™ files

Offeror shall not embed sound or video files into submittals. Graphics, tables, photographs, and other data beyond the capability of Microsoft® Word ™, Microsoft® Excel ™, or not in currently NMCI- supported applications may be submitted in Adobe Acrobat format. Any submission document that requires a “wet signatures” or other data input by hand shall be scanned and formatted in Adobe Acrobat (PDF).

All spreadsheets shall be in Microsoft Excel format such that each mathematical equation is obvious. No fields shall be password protected.

5. Volume Layout and Page Limitations: Proposals shall be submitted in the following quantities and volume layout. At a minimum, each section as outlined below shall constitute a separate file.

Table 2- Page Layout

Volume

Section Title E-file

Page Limitations

I

Technical Proposal, Sub-factor 1.1 Corporate Experience

1 file:

Sections

I, II &

III

No Page Limitation

II

Technical Proposal, Sub-factor 1.2 Certifications

No Page Limitation

III

Technical Proposal, Sub-factor 1.3 Heavy Metal Plan

Past Performance

1 file

Completed Past Performance

Worksheet – Attachment J-3

III

I Cover Letter 4

Completed Solicitation and Applicable Amendments 1 file

a. Text size shall be no smaller than what is equivalent to Microsoft Word, Times New Roman, 10 point, uncompressed font.

b. Pages shall be single sided, one and one half inch spaced, with a minimum of one inch margins on all sides. Pages shall be dated and numbered sequentially by volume. A header should be present in each volume submission stating the volume number, title, solicitation identification, and the offeror's name.

c. Each volume shall contain a glossary of all abbreviations and acronyms used with an explanation for each.

d. Elaborate format and/or color representations are not desirable. Any pages that are changed (as the result of negotiations) should be of a different color (as specified by the Contracting Officer) and have changed information clearly marked by a vertical line in the right margin of the page and/or circling if changing data in a chart. The offeror shall indicate the new date on revised pages.

e. Legible tables, charts, graphs and figures shall be used when necessary to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11 by 17 inches in size. For tables, charts, graphs, and figures, the text shall be no smaller than 8 point, Times New Roman.

NOTE: The Government’s strong preference is for clear, concise proposals that support the evaluation criteria listed in evaluation factors for award of the solicitation.

6. Subcontract Information: In requesting proposals from prospective subcontractors, offerors should provide all necessary information for the contemplated purchase. The Government will not advise prospective subcontractors as to the requirements of their transactions with offerors, nor will the Government respond to direct inquiries from prospective subcontractors concerning clarifications of specification or solicitation requirements. ALL SUCH REQUESTS FOR CLARIFICATION MUST BE SUBMITTED TO THE

GOVERNMENT THROUGH THE PRIME CONTRACTOR (OFFEROR).

C. Volume Instructions:

1. VOLUME I – FACTOR 1: Technical Capabilities

a. Organization: Volume I shall be organized conforming to the required proposal content. Volume I shall be clearly labeled. At a minimum, each section as outlined below shall constitute a separate file. Volume I shall not include pricing information.

The Technical volume (Volume I) Shall be organized in the following manner:

Section I Title Page Sub-factor 1.1 – Corporate Experience

Section II Sub-factor 1.2 – Certifications

Section III Sub-factor 1.3 – Heavy Metal Plan

Submission Requirements:

Technical Subfactor Submission Requirement Subfactor 1.1, Corporate Experience:

The contractor must demonstrate a minimum of four years of corporate experience managing qualified journeyman level labor trades outlined in section 6.4 of the SOW to accomplish scope of each trade listed within the subsections of section 6.4 of the SOW.

Services will encompass the duties of the labor trades outlined in Section 6.4 of the SOW.

Contractors must demonstrate that they were able to provide at least 4 trades listed in the SOW without the use of subcontractors in the four years of experience to be deemed acceptable.

The offeror shall provide a narrative and supporting documentation illustrating that they satisfy the requirements of Factor 1, subfactor 1.1. Narratives must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s proposal against subfactor 1.1. Supporting documentation in the form of past contracts should clearly substantiate claims and be verifiable.

Offeror’s shall include complete contract numbers, to include specific delivery/task order numbers as applicable, within the narrative to allow for the verification of claims. However, copies of contracts referenced are not required as part of the proposal.

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete, effective response to subfactor 1.1 are not desired.

Subfactor 1.2, Certifications:

Contractor must demonstrate familiarity with the requirements of 29 CFR 1915, Occupational Safety and Health Standards for Shipyard Employment and proof of ability to provide a competent person and/or marine chemist to perform required gas free certifications of confined spaces, as defined in OSHA’s Shipyard Industry requirements of 29 CFR 1915 through successful completion of one (1) or more previous government contracts..

The offeror shall provide a narrative and supporting documentation illustrating that they satisfy the requirements of Factor 1, subfactor 1.2 of the solicitation that demonstrate at least one (1) previous contract where gas free certifications of confined spaces were successfully completed in support of a project meeting the requirement of subfactor 1. The narrative may either be separate or combined with the narrative submission required for subfactor 1.

Supporting documentation should clearly substantiate claims and be verifiable.

Offeror’s shall complete contract numbers, to include specific delivery/task order numbers as applicable, within the narrative to allow for the verification of claims. However, copies of contracts referenced are not required as part of this proposal.

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete, effective response to subfactor 1.2 are not desired.

Subfactor 1.3 Heavy Metal Plan:

A sufficient heavy metal plan as evidenced by a written Lead Compliance Program meeting the requirements of

29 CFR 1910.1025.

A complete and current copy of the offeror’s written lead compliance program meeting the requirements of factor 1, subfactor 1.3 of the solicitation.

2. VOLUME II- FACTOR 2: Past Performance

a. Organization: Volume II shall be organized conforming to the required proposal content. Volume II shall not include pricing information.

The Past Performance volume shall be organized in the following manner:

Section I Contractor Performance Data Sheet (Attachment J-3)

Evaluation Factor Submission Requirements Evidence of past performance on at least one (1) contract actions within the last five (5) years that demonstrates managing qualified journeyman level labor trades outlined in Section 6.4 of the SOW similar in scope to section 6.4 of the Statement of Work (SOW). Services will encompass the duties of the labor trades outlined in Section 6.4 of the SOW.

Assessment of past performance will be a subjective assessment based on consideration of all relevant facts and circumstances. The Government is seeking to

Offerors are required to provide Contractor Performance Data Sheets (Attachment J-3) on at least one (1) of the firm’s recently completed contracts or task orders (not to exceed five years since completion) that demonstrate relevant work as outlined in factor 2 of the solicitation. Altered or substituted questionnaires will not be evaluated. Offerors may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of quality goods and services at fair and reasonable prices.

of this RFP. Attachment J-3 should clearly substantiate claims and be verifiable.

Offeror’s shall include complete contract numbers, to include specific delivery/task order numbers as applicable, within the narrative to allow for the verification of claims. However, copies of contracts referenced are not required as part of the proposal.

If referencing a non-government past performance, ensure that the Contractor Performance Data Sheets list a current customer point of contact with name, company title, phone number, and email included for government verification.

Past performance information obtained from established systems such as the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases. Past performance information may also be obtained from other sources available to the Government, such as the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, Fee Determining Officials.

Offeror’s are not required to submit any additional documentation in support of this evaluation criterion.

3. VOLUME III – LEGAL OFFER

a. Organization: Volume III shall be organized conforming to the required proposal content. Volume III shall be clearly labeled. At a minimum, each section as outlined below shall constitute a separate file.

The Legal Offer volume shall be organized in the following manner:

Section I Cover Letter

Section 2 Completed solicitation and amendments

b. Legal Offer: The Legal Offer Volume consists of and must include the following:

1) The offeror will provide a cover letter that includes:

The solicitation number;

The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation .

Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

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

Identification of all separate files included in the proposal package, CAGE and Data Universal Numbering System (DUNS) numbers for the prime contractor, Notice of any alterations to the solicitation or attachments/exhibits (except for completing appropriate “fill-in” blocks and certifications).

Period for acceptance of offers. The offeror agrees to hold its offer for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an amendment to the solicitation.

2) The completed SF 1449 with blocks 12, 17 & 30 (a, b &c) completed, as well as all sections with applicable “fill-ins” filled in and shall acknowledge all amendments by including a signed copy of each posted amendment. The representative who signs this form must be authorized to contractually bind the company providing the offer. The Offeror shall complete and provide all Representations, Certifications, and Other Statements included in the solicitation. Submission of a signed offer to the Government constitutes agreement and acceptance of the terms and conditions of the solicitation.

Price is not being evaluated IAW 10 U.S.C. 2305(a)(3); therefore do not submit a final price and do not price any CLINs or SUBCLINs. Price or cost will not be an evaluation factor for the contract awards; rather, price or cost will be considered as a factor in the selection decision for each delivery order under the multiple-award contract, in accordance with FAR 16.505(b)(1)(ii)(E).

EVALUATION FACTORS FOR AWARD

1. GENERAL:

The Government intends to award a base indefinite delivery/indefinite quantity (IDIQ) contract to each and all qualifying offerors; a qualifying offeror is an offeror that is determined to be a responsible source (as defined in FAR Part 9.104), submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the contracting officer has no reason to believe would be likely to offer other than fair and reasonable pricing. Price or cost will not be an evaluation factor for the base contract awards; rather, price or cost will be considered as a factor in the selection decision for each task order under the multiple-award contract, in accordance with FAR 16.505(b)(1)(ii)(E).

This section contains specific evaluation factors for award of a contract pursuant to this solicitation.

Offeror proposals shall be in the format prescribed by, and shall contain a response to, each of the submission requirements identified in the ADDENDUM TO Provision 52.212-1 INSTRUCTIONS TO OFFERORS of this solicitation.

2. BASIS FOR AWARD AND EVALUATION FACTORS

In selecting a successful offer, the following factors will be considered: (1) technical capabilities and (2) past performance. The Offeror must be determined to have acceptable technical and past performance. Selection of contractors is to be based on the establishment of minimum requirements to be evaluated on an “acceptable” or “unacceptable” basis. Proposals are evaluated for acceptability, but not ranked using the non-price factors.

To be eligible for award, Offerors proposals must be found acceptable in each of the following factors/sub factors:

Factor Sub factor Description Adjectival Rating 1 Technical Capabilities Acceptable /Unacceptable

1.1 Corporate Experience Acceptable /Unacceptable

1.2 Certifications Acceptable /Unacceptable

1.3 Heavy Metal Plan Acceptable /Unacceptable

2 Past Performance Acceptable /Unacceptable

An unacceptable rating in any non-price factor or sub-factor shall render an offeror’s proposal ineligible for award. If a technical proposal receives an unacceptable rating, then the Government reserves the right to not evaluate the corresponding past performance proposal.

A. Factor 1 - Technical Capability

The acceptability/non-acceptability for this factor is based on receiving an acceptable rating on all of technical sub-factors found in Volume I under instructions to offerors addendum.

Once all sub-factors are evaluated, the government shall rate the offeror’s proposal for factor 1 using Table M-1 below:

Table M-1_Technical Acceptable/Unacceptable Rating Method

B. Factor 2 - Past Performance

Past performance will be evaluated in accordance with FAR 15.305, however a comparative assessment as described in FAR 15.305(a)(2)(i) will not be conducted IAW FAR 15.101-2(b)(1). The past performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements based on recency, relevancy and satisfactory performance. The acceptability of the offeror’s past performance shall be evaluated. This is done through the establishment of criteria to be evaluated on an “acceptable” or “unacceptable” found in Volume II under instructions to offerors addemum.

Once all past performance criteria are evaluated, the Government shall rate the offeror’s proposal for factor 2 using Table M-2 below:

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

Table M-2_Past Performance Acceptable/Unacceptable Rating Method

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 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

52.204-7 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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

DEC 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

DEC 2021

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (NOV 2021) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.216-27 Single or Multiple Awards OCT 1995 52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990

52.217-7 OPTION FOR INCREASED QUANTITY--PRICED LINE

ITEM (MAR 1989) (SERMC) (NOV 2016)

NOV 2016

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

DEC 2019

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 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer JUL 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-3, 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 products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

X (4) 52.204-10, 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. (NOV 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

X (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)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (SEP 2021) of 52.219-9.

X (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.

X (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 Concerns (SEP 2021) (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 (SEP 2021) (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)).

X (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

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

X (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 (NOV 2021) (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 (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial…

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