N6817124Q0123.pdf

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This acquisition is in support of the USS SHIP. Request is for VR
Solicitation number
N68171-24-Q-0123
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About this file

This document is a Request for Quotations (RFQ) issued by the NAVSUP Fleet Logistic Center (FLC) Sigonella Naples to support voyage repairs on the USS Ship. The work, to be performed in Rijeka, Croatia during the period of August 20-29, 2024, includes various repairs and services such as relief valve testing, pump replacements, insulation work, and crane/rigging services. The RFQ requires the submission of technical capability documentation and pricing information by July 31, 2024. Award will be made to the Lowest Priced Technically Acceptable offeror. The solicitation includes applicable NAVSEA Standard Items, details on growth and new work, and electronic invoicing requirements. Offerors must be registered in SAM and are required to submit an Access Control Plan if proposing to use non-U.S. citizen contractor employees.

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File Type Posted
S-1 Non Disclosure Agreement NDA.docx DOCX document
J-2 Performance Work Statement.pdf PDF
J-1 Contractors Price Breakdown.XLSX XLSX spreadsheet
J-3 Contract Qualification Checklist-QA.pdf PDF
J-4 Foreign National Access Control Plan Questionnaire.docx DOCX document

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REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

N6817124Q0123 17-Jul-2024 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

SEE SCHEDULE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

NAVSUP FLC SIGONELLA NAPLES OFFICE FLEET

BOX 50

VIALE F. RUFFO DI CALABRIA

CAPODICHINO

NAPOLI 80144

ITALY

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

31-Jul-2024(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

314-626-6408JUAN CARLOS TAPIA

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

N6817124Q0123

Section A - Solicitation/Contract Form

GENERAL

1. The NAVSUP Fleet Logistic Center (FLC) Sigonella Naples has a new requirement in support of the USS Ship for specification Package number NAPL-025-24.

2. Place of Performance: Rijeka, Croatia.

3. Period of Performance: 20 – 29 August 2024

4. Work Item Categories: There are three (3) categories of work items:

Category CLIN Description

Category I N/A NAVSEA FY24 Standard Items applicable to this contract without further reference; invoked for the entire contract package.

Category II N/A NAVSEA FY24 Standard Items that are applicable if invoked (specified) inside an individual work item.

Priced Work Item CLIN 0001 Includes all base work items applicable to this requirement for which a firm fixed price will be established at contract award. See Attachment J-2 Work Package ‘NAPL-010-24

QUOTE: Quoter must provide all the required technical capability documentation and pricing information as outlined in Section “L”. Award will be made to the Lowest Priced Technically Acceptable (LPTA) Quoter. See Section “L” and “M” for further details.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Voyage Repairs

FFP

ACCOMPLISH ALL WORK ITEMS CONTAINED IN SPECIFICATION

PACKAGE NUMBER NAPL-025-24. THE WORK ITEMS ARE PROVIDED

WITH ATTACHMENT J-2.

FOB: Destination

PSC CD: J998

NET AMT

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATIONS

C-1 General Information This acquisition is in support of the USS SHIP. The Contractor shall prepare for and accomplish the work items as described in the specification package #NAPL-014-24 provided as Attachment J-2 Work Items Description.

The attachment J-2 also includes the Standard Items (Category I & II ) applicable to this Request for Quote. The Standard Items can be found by going to the website:

https://www.navsea.navy.mil/Home/RMC/CNRMC/Our-Programs/SSRAC/.

C-2 References Quoter must submit a request for references via email at the following email with a signed Attachment J-4 (Non- Disclosure Agreement) by 25 July 2024 at 13:00 (CEST) to Mr. Juan Carlos Tapia, E-mail address:

juan.c.tapia5.civ@us.navy.mil.

C-3 Pricing Prices shall be submitted in the format specified in Section B “Supplies/Services and Price” and Attachment J-1 Pricing Breakdown must be filled in providing the number of man hours, labor rate, total labor cost, material and other costs. Prices must be stated in US Dollars.

C-4 Work Items Description The work items for which a Firm Fixed Price (FFP) is to be established and will be executed during the Period of Performance (POP) are the following:

Work Items # Description

256-10-001 Relief Valve Shop Test; accomplish

256-10-002 VCHT Relief Valve Pop Test; accomplish

508-11-001 Lagging and Insulation; repair

531-11-001 Reverse Osmosis (RO) High Pressure Pump; replace

531-50-001 Low Pressure Air Compressor Relief Valve Pop Test; accomplish

533-12-001 Potable Water Pump; repair

542-21-001 JP-5 Transfer Pump Drive Motor; replace

624-11-001 Radar Cross Section Reduction (RCSR) Door; repair

625-11-003 Well Deck Control Station Window Wiper Assembly; replace

635-11-001 Compartment and Pipe Insulation Replacement; accomplish

712-11-001 Pneumatic Chain Hoist; install

993-00-001 Crane and Rigging Services; provide

C-5 Subsequent Repairs – Scope of the contract If additional work is discovered during performance, the Contracting Officer will determine if it can be considered growth or new work, after following required contracting procedure.

C-5.1 Growth Work

(a) The government anticipates that any subsequent repairs identified as a result of work items associated with this requirement may be performed by the awardee in accordance with the applicable Changes clause.

(b) Growth work is defined as any additional work identified after award of contract that is required to complete the original scope of work. All growth work will be related to a work specification item in the awarded contract and will be priced at the same labor rate as the originally quoted work.

Performance of authorized growth work shall commence after the issuance of a contract modification. The Contractor shall not perform growth work without the Contracting Officer's authorization. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm-fixed price, when it is in the best interest of the Government.

(c) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any quote submitted for a contract modification for growth. If the quote includes a request for a time extension, justification shall be furnished with the quote.

C-5.2 New Works New work is defined as additional work that cannot be reasonably tied to an existing work item in the specification package, but is still essential for the satisfactory completion of the vessel overhaul effort. New work will be negotiated and agreed to by both parties.

C-6 Authorized Changes Only by the Contracting Officer Except as specified in the paragraph directly below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under contract clause 252.217-7003 “Changes” of this contract.

The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

The NAVSUP FLCSI Code 200 Contracting Officers are the only persons authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the NAVSUP FLCSI Code 200 Contracting Officers. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made.

Section D - Packaging and Marking

Packaging and Marking will be performed in accordance with the requirements cited in the individual work items within Attachment J-2 (Work Items Description).

Section E - Inspection and Acceptance

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

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-AUG-2024 TO

29-AUG-2024

N/A N/A

FOB: Destination

Section G - Contract Administration Data

CONTRACT INFORMATION

CONTRACT ADMINISTRATION POINT OF CONTACT

CONTRACT INFORMATION

NAVSUP FLEET LOGISTICS CENTER NAPLES

Viale Fulco Ruffo di Calabria Bldg 401 Capodichino Base 80144 Napoli – Italy

CONTRACTING SPECIALIST

Juan Carlos Tapia Phone: +39 081 568 6408 Email: juan.c.tapia5.civ@us.navy.mil

TECHNICAL POC:

TBP (to be provided at time of award)

MAIL INVOICE

The contractor shall utilize electronic invoicing upon delivery of the required supplies/service.

See contract clause entitled “DFARS 252.232-7006 INVOICING AND PAYMENT (WAWF) INSTRUCTIONS in Section G for instructions on submitting invoices electronically through Wide Area Work Flow – Receipt and Acceptance

Section I - Contract Clauses

NAVSEA M-5510.2

NOVEMBER 2018

CHAPTER 3

CONTROL OF ACCESS TO VESSELS BY NON-U.S. CITIZENS

1. Authority. Access to Naval Shipyards is a privilege authorized by the Shipyard Commander.

Pursuant to Executive Order 12344 of 1 February 1982 as made permanent by Section 1634 of public law 98-525, 19 October 1984, the Director, Naval Nuclear Propulsion Program (NAVSEA 08), is responsible for all matters pertaining to Naval Nuclear Propulsion.

Accordingly, the control of access to the propulsion plant spaces of Navy nuclear powered vessels is governed by Chapter 1 of this manual.

2. Scope. This section provides policy and procedures regarding the control of access to vessels by non-U.S. citizen contractor employees per references (p) and (q). This applies to all vessels of the U.S. Navy under design, construction, conversion, repair, or overhaul and all associated work. Chapter 3 of this instruction is not applicable to nuclear powered ships. This chapter and any associated contracts apply to conventionally powered ships only.

3. Policy. Control over the access to naval vessels under design, construction, conversion, repair, or overhaul by non-U.S. citizen contractor employees will be maintained by NAVSEA 04 pursuant to conditions and controls required by (paragraph 6), “ACCESS TO VESSELS BY NON-U.S. CITIZENS CLAUSE” which will be included in each contract and agreement. The provisions of this instruction are applicable to all contracts and job orders as described herein which are solicited after the date of this instruction.

a. Non-U.S. citizens must not be allowed to board vessels of the Navy under construction, conversion, repair, or overhaul except on the authority of the cognizant Supervisor of Shipbuilding (SUPSHIP) or his designated field representative assigned supervision of the construction, conversion, repair, or overhaul of the vessel.

b. Non-U.S. citizens must not be allowed at the design, construction, conversion, repair, or overhaul sites and areas adjacent thereto as specifically designated, including but not limited to shops within Navy or commercial shipyards, repair facilities, docks, ways, dry-docks, or piers, except on authority of the cognizant SUPSHIP, or his designated field representative assigned supervision of the design, construction, conversion, or repair, or overhaul.

c. Non-U.S. citizens must not be eligible for access except upon a finding by the cognizant SUPSHIP, or his designated field representative that such access should be permitted in the best interest of the United States. Such a finding may be made in the case of non-U.S. citizen contractor employees when the contractor employing these non-U.S. citizens on Navy ship work contracts has an approved Access Control Plan (ACP) that meets, as a minimum, the requirements in paragraph 6. Notwithstanding the existence of an approved ACP, an individual determination must be made, by NAVSEA 00P and designated NAVSEA 04 Headquarters representative, on the desirability of allowing access of non-U.S. citizens from countries referenced on the most current Naval Criminal Investigative Service Multiple Threat Alert Center (MTAC) threat assessment (https://www.ncis.navy.smil.mil). Specific data required for these individuals are delineated in paragraph 6.

d. NAVSEA 08 maintains authority for shipyard Controlled Industrial Area (CIA), Nuclear Work Areas (NWA), Controlled Nuclear Information Areas (CNIA), Security Islands (SI) or any other area where Navy Nuclear Propulsion Information is handled or work is ongoing. See Chapter 1 of this manual for entry requirements into these areas.

e. A contractor’s compliance with an approved ACP will be monitored and verified on a periodic basis by the cognizant Contract Administration Office (CAO). Noncompliance serves to cancel the authorization previously granted, and the contractor would then be precluded from the continued use of non-U.S., citizens on that contract until such time as compliance with an approved ACP is demonstrated. Continued use of non-U.S., citizen contractor employees without an approved ACP or when a previous authorization has been cancelled, is considered a violation of security regulations.

f. When it is in the best interest of the United States, an existing authorization for access of non-U.S. citizen contractor employees may be cancelled by NAVSEA 04 and 00P.

4. Procedures

a. The requirements of this instruction must be invoked via the clause in paragraph 6, must be included in all Navy contracts, agreements, and job orders involving design, construction, conversion, repair, and overhaul of Navy vessels, and all work associated therewith which is being performed under the cognizance of NAVSEA 04 or its field activities and within the continental United States and Hawaii.

b. A specific ACP is valid only for the contract or agreement for which it is approved. An ACP which is approved for a Master Ship Repair Agreement (MSRA), an Agreement for Boat Repair (ABR), or a Basic Ordering Agreement (BOA) is valid and applicable to all job orders awarded under the respective agreement.

5. Action

a. NAVSEA 00P or a NAVSEA Headquarters (HQ) designee will have final authority to approve access by non-U.S. citizens from countries referenced on the most current Naval Criminal Investigative Service Multiple Threat Alert Center (MTAC) threat assessment (https://www.ncis.navy.smil.mil).

b. NAVSEA 02 Contracts Directorate. The NAVSEA 02 Contracts Directorate will include the clause in paragraph 6 invoking the requirements of this instruction in all Headquarters solicitations for the design, construction, conversion, repair, or overhaul of naval vessels as applicable. Paragraph 7 will also be included in all applicable NAVSEA HQ solicitation packages.

c. NAVSEA 04 Program Managers. The NAVSEA Program Manager’s Data Manager will list the ACP as a Contract Data Requirements List (CDRL) item.

d. NAVSEA SUPSHIP/Regional Maintenance Centers (RMC) Management Group. The NAVSEA SUPSHIP/RMC Management Group will establish and maintain guidelines indicating criteria for an acceptable ACP.

e. ACP. SUPSHIPs are responsible for enforcing regulations concerning access by non-U.S., citizen contractor employees to Navy vessels and sites at which Navy vessels are under construction or conversion. An ACP must be submitted for approval to SUPSHIP by all contractors entering into a MSRA or ABR if the contractor intends to hire non-U.S., citizens.

SUPSHIP security officers are responsible for receiving, reviewing, approving or disapproving all contractor access lists for work on board Navy vessels and for transmission of the access lists to the vessels and the applicable shipyard or activity access control or security offices. The SUPSHIPs will also provide initial determination of desirability of access to U.S. Navy vessels by non-U.S., citizens from countries referenced on the most current Naval Criminal Investigative Service Multiple Threat Alert Center (MTAC) threat assessment (https://www.ncis.navy.smil.mil). Other issues concerning ACPs will also be addressed by the SUPSHIPs, along with input from other NAVSEA Codes, as appropriate.

f. Contract Administration Office (CAO). The cognizant CAO will include the clause in paragraph 6 and the provision in paragraph 7 in all locally issued ship work or job order solicitations. The CAO will include the clause in paragraph 6 and list the ACP as a CDRL item in all locally issued ship work or job order contracts.

(1) The cognizant CAO will review all ACPs for adequacy and compliance with the requirements of paragraph 6 following the guidelines promulgated by the NAVSEA 04 SUPSHIP/RMC office. The CAO will also advise the contractor of the adequacy of its ACP and, where satisfactory, will approve that ACP. That approval constitutes authorization to employ non-U.S. citizens on Navy ship work contracts subject to the policies herein.

(2) The cognizant CAO will forward all information concerning access of non-U.S.

citizens from countries referenced on the most current Naval Criminal Investigative Service Multiple Threat Alert Center (MTAC) threat assessment (https://www.ncis.navy.smil.mil) to the NAVSEA 04 point of contact. Approval/disapproval of ACP will not be delayed for individual access determinations, but CAO must notify the contractor that employees that fall in above category must be denied access until approval is received from NAVSEA 00P or NAVSEA 04 headquarters designee.

(3) The cognizant CAO will develop a procedure to monitor and verify contractor’s compliance with its ACP and advise the NAVSEA 04 SUPSHIP Management Group of noncompliance or violations.

(4) The cognizant CAO will maintain on file all data necessary to monitor and verify contractors’ compliance with the requirements of paragraph 6. For each contractor, the file must include a copy of its approved ACP and data reflecting number, nationality, and positions held by non-U.S. citizen employees. Additional data will be maintained on non-U.S. citizens from hostile/unfriendly countries referenced on the most current Naval Criminal Investigative Service Multiple Threat Alert Center (MTAC) threat assessment (https://www.ncis.navy.smil.mil), before being approved access to U.S. Navy vessels. Such additional data will include name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to the U.S, number of years employed by contractor, position, and any stated intent concerning U.S. citizenship.

(5) The cognizant CAO is responsible to NAVSEA 02 for the oversight of contractor performance to ensure the contractor’s compliance with the provisions of its approved ACP.

h. Contractors. Where non-U.S. citizen contractor employees are used for the accomplishment of ship work under a specific agreement or contract, an ACP which meets the requirements of paragraph 6 must be developed by the contractor and submitted to the cognizant CAO for approval per the clause set forth in paragraph 6. Paragraph 7 will be used to show intent of the contractor concerning use of non-U.S. citizen employees, as well as approved ACP or action to develop ACP.

(1) When non-U.S. citizen contractor employees are citizens from countries referenced on the most current Naval Criminal Investigative Service Multiple Threat Alert Center (MTAC) threat assessment (https://www.ncis.navy.smil.mil), the contractor is required to submit additional data including name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to the U.S., number of years employed by contractor, position, and any stated intent concerning U.S. citizenship.

(2) Prime contractors have full responsibility for the proper administration of the approved ACP for all work performed under the associated contract or agreement regardless of the location of the vessel and must ensure compliance by all subcontractors, technical representatives and other persons granted access to the vessel, adjacent area and work site.

6. Access To Vessels By Non-U.S. Citizens Clause

a. Non-U.S. citizens must not be eligible for access to design sites, naval vessels, work sites and adjacent areas when vessels are under design, construction, conversion, overhaul, or repair, except upon a finding by COMNAVSEA or his designated representative that such access should be permitted in the best interest of the United States. The contractor must establish procedures to comply with the requirements of this clause, and in effect on the date of this contract or agreement.

b. If the contractor desires to employ non-U.S., citizens in the performance of work under this contract or agreement that requires access approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non-U.S.

citizens of friendly countries, the contractor must submit an ACP to the cognizant CAO, which must contain, as a minimum, the following information:

(1) Badge or Pass oriented identification, access, and movement control system for non- U.S., citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the contractor’s facilities and when performing work aboard ship.

(2) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.

(3) Access authorization and limitations for the bearer must be clearly established and per applicable security regulations and instructions.

(4) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten, and no longer required badges, must be established.

(5) A badge or pass check must be performed at all points of entry to the contractor’s facilities or by a site supervisor for work performed on vessels outside of the contractor’s plant.

(6) Contractor’s plan for ascertaining citizenship and for screening employees for security risk.

(7) Data reflecting the number, nationality, and positions held by non-U.S. citizen employees, including procedures to update data as non-U.S. citizen employee data changes.

(8) Contractor’s plan for ensuring subcontractor compliance with the provisions of the contractor’s ACP.

(9) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility. To request approval for non-U.S. citizens from countries referenced on the most current Naval Criminal Investigative Service Multiple Threat Alert Center (MTAC) threat assessment (https://www.ncis.navy.smil.mil), contractors must include in ACP the following employee data:

name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to U.S., valid Official Alien Registration Card/Industrial/ship repair Work Visa, number of years employed by contractor, position, and stated intent concerning U.S. citizenship. NAVSEA 00P will make individual determinations of desirability of access for above group. Access will be denied until NAVSEA 00P approval is received.

(10) An ACP approved for specific MSRA, ABR, or BOA is valid and applicable to all job orders awarded under that agreement.

(11) The contractor must fully comply with approved ACPs. Noncompliance by the contractor or subcontractor serves to cancel any authorization previously granted, in which case the contractor must be precluded from the continued use of non- U.S. citizens on this contract or agreement until such time as compliance with an approved ACP is demonstrated and upon a determination by the CAO that the Government’s interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government’s best interest. Use of non- U.S. citizens, without an approved ACP or when a previous authorization has been cancelled, will be considered a violation of security regulations. Upon confirmation by the CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated for default per the clause entitled “DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)” (FAR 52.249-8), “DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)” (FAR 52.249-9) or “TERMINATION (COST REIMBURSEMENT)” (FAR 52.249-6), as applicable.

(12) Prime contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement regardless of the location of the vessel and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas, and work sites.

(13) In the event the contractor does not intend to employ non- U.S. citizens in the performance of work under this contract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel’s equipment is being performed. The ACP must spell out how non-immigrant aliens are excluded from access to contract work areas. The same restriction applies to other non-U.S., citizens who have access to the contractor’s facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.).

7. Access To Vessels By Non-U.S. Citizens (ACP Certification)

a. The bidder or offeror, in the performance of any contract and/or job order resulting from this solicitation ___ intends, ___ does not intend (check applicable line) to employ non-U.S.

citizens in the performance of work that requires access to naval vessels, work sites and adjacent areas when such vessels are under design, construction, conversion, overhaul or repair.

b. If the bidder or offeror “intends”, as in the above paragraph, the bidder must insert in the spaces provided below the required information:

c. Whether or not the bidder or offeror intends to employ non-U.S. citizens, the actual access of non-U.S. citizens to naval vessels is subject to the requirements see section 0305.

d. Access Control Plan (ACP), and the approved APC number. If the ACP is not approved indicate below, actions taken or anticipated relative to ACP submission to applicable Contract Administration Office.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-1 Payments APR 1984 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-7 Inspection Of Research And Development Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

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

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.217-7003 Changes DEC 1991 252.217-7004 Job Orders and Compensation MAY 2006 252.217-7005 Inspection and Manner of Doing Work JUL 2009 252.217-7006 Title DEC 1991 252.217-7007 Payments DEC 1991 252.217-7008 Bonds DEC 1991 252.217-7009 Default DEC 1991 252.217-7010 Performance JUL 2009 252.217-7012 Liability and Insurance AUG 2003 252.217-7013 Guarantees DEC 1991 252.217-7014 Discharge of Liens DEC 1991 252.217-7015 Safety and Health DEC 1991 252.217-7016 Plant Protection DEC 1991 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.245-7005 Management and Reporting of Government Property JAN 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

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)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES) (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

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

(iii) 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).

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

117-328), unless the agency grants an exception--see paragraph (b) of 52.204-27.

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

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

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

(viii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ix) 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).

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

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

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77 and 108-78 (19 U.S.C.

3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (FEB 2024).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

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

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2024) (42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.109(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii)(A) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition--

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance.

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