RFQ N6883620Q0022.pdf

SEE ADDENDUM

(No Collect Calls)

N6883620Q0022 08-Nov-2019

b. TELEPHONE NUMBER

904-542-1199

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 19 Nov 2019

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.

N688369. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PRESTON W. GRANT

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

N0020420RC005PK

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

NAVSUP FLC JACKSONVILLE CONTRACTS DIV

PRESTON GRANT

110 YORKTOWN AVE 3RD FLOOR

JACKSONVILLE FL 32212

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

904-542-1095FAX:

TEL: 904-542-1199 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

532490

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)

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 96 Hours Waterfront Crane Service Normal 8 hours

FFP

Service to be provided on an as needed basis to support fleet visiting assets and training vessels/boats in accordance with Statement of Work. Period of Performance is from 21 November 2019 to 20 November 2020.

FOB: Destination

MILSTRIP: N0020420RC005PK

PURCHASE REQUEST NUMBER: N0020420RC005PK

SIGNAL CODE: A

PSC CD: W024

NET AMT

0002 8 Hours Waterfront Crane Service Overtime

FFP

Period of work beyond the normal 8 hour day for Crane Support. Estimated no more than 8 hour of overtime for 1 year period of performance 21 November 2019 to 20 November 2020 FOB: Destination

MILSTRIP: N0020420RC005PK

PURCHASE REQUEST NUMBER: N0020420RC005PK

1001 96 Hours OPTION Waterfront Crane Service Normal 8 hours

FFP

Service to be provided on an as needed basis to support fleet visiting assets and training vessels/boats in accordance with Statement of Work. Period of Performance is from 21 November 2020 to 20 November 2021.

FOB: Destination

PURCHASE REQUEST NUMBER: N0020420RC005PK

1002 8 Hours OPTION Waterfront Crane Service Overtime

FFP

Period of work beyond the normal 8 hour day for Crane Support. Estimated no more than 8 hour of overtime for 1 year period of performance 21 November 2020 to 20 November 2021 FOB: Destination

PURCHASE REQUEST NUMBER: N0020420RC005PK

2001 96 Hours OPTION Waterfront Crane Service Normal 8 hours

FFP

Service to be provided on an as needed basis to support fleet visiting assets and training vessels/boats in accordance with Statement of Work. Period of Performance is from 21 November 2021 to 20 November 2022.

FOB: Destination

PURCHASE REQUEST NUMBER: N0020420RC005PK

2002 8 Hours OPTION Waterfront Crane Service Overtime

FFP

Period of work beyond the normal 8 hour day for Crane Support. Estimated no more than 8 hour of overtime for 1 year period of performance 21 November 2021 to 20 November 2022 FOB: Destination

PURCHASE REQUEST NUMBER: N0020420RC005PK

3001 96 Hours OPTION Waterfront Crane Service Normal 8 hours

FFP

Service to be provided on an as needed basis to support fleet visiting assets and training vessels/boats in accordance with Statement of Work. Period of Performance is from 21 November 2022 to 20 November 2023.

FOB: Destination

PURCHASE REQUEST NUMBER: N0020420RC005PK

3002 8 Hours OPTION Waterfront Crane Service Overtime

FFP

Period of work beyond the normal 8 hour day for Crane Support. Estimated no more than 8 hour of overtime for 1 year period of performance 21 November 2022 to 20 November 2023 FOB: Destination

PURCHASE REQUEST NUMBER: N0020420RC005PK

4001 96 Hours OPTION Waterfront Crane Service Normal 8 hours

FFP

Service to be provided on an as needed basis to support fleet visiting assets and training vessels/boats in accordance with Statement of Work. Period of Performance is from 21 November 2023 to 20 November 2024.

FOB: Destination

PURCHASE REQUEST NUMBER: N0020420RC005PK

4002 8 Hours OPTION Waterfront Crane Service Overtime

FFP

Period of work beyond the normal 8 hour day for Crane Support. Estimated no more than 8 hour of overtime for 1 year period of performance 21 November 2023 to 20 November 2024 FOB: Destination

PURCHASE REQUEST NUMBER: N0020420RC005PK

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 1001 Destination Government Destination Government

1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 21-NOV-2019 TO

20-NOV-2020

N/A N/A

FOB: Destination

0002 POP 21-NOV-2019 TO

20-NOV-2020

1001 POP 21-NOV-2020 TO

20-NOV-2021

1002 POP 21-NOV-2020 TO

20-NOV-2021

2001 POP 21-NOV-2021 TO

20-NOV-2022

2002 POP 21-NOV-2021 TO

20-NOV-2022

3001 POP 21-NOV-2022 TO

20-NOV-2023

3002 POP 21-NOV-2022 TO

20-NOV-2023

4001 POP 21-NOV-2023 TO

20-NOV-2024

4002 POP 21-NOV-2023 TO

20-NOV-2024

PERFORMANCE WORK STATEMENT

STATEMENT OF WORK

1. Purpose

The purpose of this contract is to provide Crane Services to NAS Pensacola Port Operations on an as needed basis to support fleet visiting assets and training vessels/boats.

2. Background:

NAS Pensacola does not have cranes on station requiring services via contract from out in town.

A 75 Ton All Terrain Crane is needed to support Port Ops mission.

3. Objective:

Provide Cranes services in support of Port Operations mission of ship visits and boat removal.

4. Scope of Work:

Contractor shall provide 75 TON All Terrain crane, Including operator, one (1) rigger, and (1) signalman for an eight hour minimum period.

Crane service will be provided at Naval Air Station Pensacola Port Operations Pensacola, FL on an as needed basis during the period of performance 21 November 2019 THRU 20 November 2020.

The crane will be used to lift hotel service equipment (example: shore power cables, brows, towers) in support of ship visits and removal of non-trailerable boats (40’ boats) in case of maintenance and/or emergencies (Severe Weather, taking on water).

There is no local storage available on station for the crane; however, crane may remain on site if schedule requires a lift within 72 hrs of original call out.

Crane shall be set up and ready to lift 60 minutes prior to arrival/departure of a ship with a normal 48 hour notice. In the event of an emergency, the vendor will respond within 24-hour notice of phone call from contracting specialist. Task order modification will follow within 48 hours of phone call.

Provide cost per 8 hr minimum period and cost per hour for overtime of crane and rigger services.

Provide normal hours of operations and overtime hours of operations for the company.

Rate shall be portal to portal.

Contractor shall comply with Naval Air Station Pensacola Instruction (NASPCOLAINST) 11262.1A, “Standard Operating Procedures For All Contractor Operated Cranes On Board Naval Air Station Pensacola” to include:

o Contractor shall comply with specific activity regulations pertaining to crane safety and operation and to notify the contracting officer, 15 days in advance of any cranes, multi-purpose machines (MPM), material handling equipment (MHE), or construction equipment that may be used in a crane like application to lift suspended loads entering the activity.

o Contractor shall comply with American Society of Mechanical Engineers (ASME) B30.5 for mobile cranes and ASME B30.9 for slings, ASME B30.20 below the hook lifting devices, ASME B30.22 for articulating boom cranes, ASME B30.26 for rigging hardware, ASME/ITSDF B56.6 for rough terrain forklifts, ASME B30.3 for construction tower cranes, and ASME B30.8 for floating cranes. For barge mounted mobile cranes the following is required: a third party certification from an Occupational Safety and Health Administration (OSHA) accredited organization, a load indicating device, a wind indicating device, and a marine type list and trim indicator readable in one-half degree increments.

o Enclosure (1) of NASPCOLAINST 11262.1A is required from the contractor. The crane (or other machine if used to lift suspended loads) and rigging gear must meet applicable federal standards and ANSI/ASME regulations (contractor must cite applicable OSHA regulations: e.g., cranes used in long-shoring comply with 29 CFR 1917; cranes/MPM used in construction, demolition, or maintenance comply with 29 CFR 1926; cranes used in ship repair or ship breaking comply with 2 CFR 1915; slings comply with ASME B30.9; and rigging hardware comply with ASME B30.26).

o The contractor must certify that all crane operators working at Pensacola Naval Complex have been trained not to bypass safety devices (i.e. anti-two block devices) during lifting operations. Certifications (P-1) are required to be posted on the crane.

o For mobile cranes with Original Equipment Manufacturer (OEM) rated capacities of 2,000 pounds or greater, crane operators are required to be designated as qualified by a source that qualifies crane operators (i.e., union, government agency, or organization that tests and qualifies crane operators). Proof of current qualification must be provided prior to operation.

o Contractor is required to certify that the crane operator is qualified and trained for the operation of the crane to be used.

o For MPM, any attachments used with Lull, Grove, Bobcat, or JLG must meet OEM requirement load charts used to lift loads suspended by rigging equipment.

Proof of authorization from the equipment OEM that it is capable of making lifts of loads suspended by rigging equipment is required. Contractor shall demonstrate that the equipment is properly configured to make such lifts.

o Contractors operating government owned cranes are required to follow references

(a) through (f) of NASPCOLAINST 11262.1A, or other federal government publications as applicable for maintenance, training, certification, and operations, and also maintain applicable documentation for audit purposes. Per reference (a) of NASPCOLAINST 11262.1A, for new contracts, contractor personnel will have 180 days from the contract start date to obtain the required training.

o Contractors operating waterborne vessels with cranes are required to follow the applicable NAVSHIPS Technical Manual or other regulations as required for maintenance, training, certification, operation, and maintain all documentation for audit purposes.

o Contractor is required to deliver the contracting officer a complex lift plan (also referred to as a critical lift) for each of the following operations: lifts over 75 percent of the capacity of the crane or hoist or other machine (lifts over 50 percent of the capacity of a barge mounted mobile cranes hoist) at any radius of lift; lifts involving more than one crane or hoist; lifts of personnel suspended by rigging equipment from MPM (MHE or construction equipment shall not be permitted);

lifts made in the vicinity of overhead power lines; erected cranes and lifts involving non-routine rigging or operation, sensitive equipment, or unusual safety risks. The plan shall include the following as applicable:

The size and weight of the load to be lifted, including crane and rigging components that add to the weight. The OEM maximum load capacities for the entire range of the lift shall also be provided.

The lift geometry, including the crane position, boom length and angle, height of lift, and radius for the entire range of the lift. This applies to both single and tandem crane lifts.

A rigging plan, showing the lift points, rigging gear, and rigging procedure.

The environmental conditions under which lift operations are to be stopped.

For lifts of personnel, the plan shall demonstrate compliance with the requirements of 29 CFR 1926.550(g).

For barge mounted mobile cranes, barge stability calculations identifying crane placement/footprint; barge list and trim based on anticipated loading; and load charts based on calculated list and trim specific to the barge the crane is mounted on.

For lifts in the vicinity of overhead power lines (i.e., if any part of the crane or other machine, including the fully extended boom of a telescoping boom crane or machine, or the load could approach the distance noted in figure 10-3 (NAVFAC P-307 page 10-30) during a proposed operation), the plan shall demonstrate compliance to 29 CFR 1926.1408-1411 (1926-1408 subpart CC page 528 table A).

A copy of all operator and certified signalman rigger certification paperwork will be included in critical lift plan.

o Contractor is required to notify the contracting officer as soon as practical, but not later than four hours, after any weight handling equipment (WHE) mishap/accident. The contractor is required to secure the accident site and protect evidence until released by the certifying official. The contractor is required to conduct an accident investigation to establish the root cause(s) of any WHE accident. Crane operations shall cease and not proceed until cause is determined and corrective actions have been implemented to the satisfaction of the certifying official.

o Contractor shall provide the contracting officer within 30 days of any accident a Crane and Rigging Gear Accident Report using the form provided in reference (a) of NASPCOLAINST 11262.1A, section 12, Figure 12-1, consisting of a summary of circumstances, an explanation of cause(s), photographs (if applicable), and corrective actions taken. These notifications and reporting requirements are in addition to those promulgated by reference (e) of NASPCOLAINST 11262.1A and related command instructions.

o NASP Complex contacts for contractor operated cranes:

FEAD Contracting Officer, (850) 452-3131 ext. 3096 Flour (Base Operating Support), (850) 452-4562 Public Works Department (PWD), Certifying Official, (850) 452-3131, ext. 3116

5. Base Year with Option Years:

Base Year 21 Nov 2019 By 20 Nov 2020 Option Year 1001: 21 Nov 2020 By 20 Nov 2021 Option Year 1002: 21 Nov 2021 By 20 Nov 2022 Option Year 1003: 21 Nov 2022 By 20 Nov 2023 Option Year 1004: 21 Nov 2023 By 20 Nov 2024

6. Place Of Performance:

Naval Air Station Pensacola FL., Port Operations, Building 38 - 211 South Ave

Pensacola, FL 32508.

7. Period of Performance:

21 November 2019 through 20 November 2020.

8. Point of Contacts:

Sandra Aplin 850-452-8505 or Brad Stoltman 850-452-8790, Naval Air Station Port

Operations, NAS Pensacola, FL.

9. Method Of Payment:

Commercial Government Purchase Card Acceptor: Christopher Balicat, Phone No. (757) 443-4317, E-mail Address:

Christopher.balicat@navy.mil.

10.0 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

The Defense Biometric Identification System (DBIDS) is a DoD-owned and operated system developed by Defense Manpower Data Center as a force protection program to manage personnel identity and access at DoD installations. DBIDS is a network database system designed to easily verify access authorization of personnel entering military installations by using barcodes and fingerprint biometric identifications.

In order to obtain base access, an individual needs to acquire DoD sponsorship, have a thorough identity check, be properly vetted, and have a legitimate reason for base access.

Identity checks require a passport or a Real ID Act-compliant state driver's license. Vetting occurs when the individual's background and ID are compared against authoritative criminal justice databases, and the individual has a letter or official document from the sponsoring organization, which articulates the reason for access. When the above criteria are satisfactorily met, DBIDs credentials are issued.

Additional information is available at https://www.cnic.navy.mil/om/dbids.html.

11.0 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPRTING APPLICATION

(ECMRA) NMCARS 5237.102(90)

The Contractor shall report Contractor labor hours (including Sub-Contractor labor hours) required for performance of services provided under this contract for the Fleet Readiness Center Southeast via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

https://www.cnic.navy.mil/om/dbids.html

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom-

Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The Contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 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

OCT 2010

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

JUN 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (OCT 2018) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.219-1 Alt I Small Business Program Representations (Sept 2015)

Alternate I

SEP 2015

52.222-25 Affirmative Action Compliance APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

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

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

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).

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

(b) Prohibition. 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 Federal Acquisition Regulation 4.2104.

(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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF https://dibnet.dod.mil/ https://dibnet.dod.mil/

1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase threshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/ http://www.sam.gov/

ADDENDUM TO 52.212-1

52.212-1 ADDENDUM

Questions:

Request for questions shall be submitted in writing no later than Monday, November 12, 2019 by 14:00 A.M.

(EST) to ensure the Government has adequate time to respond. All questions shall be submitted via email to preston.grant@navy.mil. NO PHONE CALLS WILL BE ACCEPTED. Questions submitted afterwards will NOT BE ACCEPTED. It is the Government’s intention that questions and responses will be distributed electronically to all Contractors via amendments to the RFQ and posted to both FEDBIZOPPS (http://www.fbo.gov) and NECO (https://www.neco.navy.mil).

Submission of Quotes:

Offerors need only submit a signed quote by the solicitation closing date that (1) shows the Offeror is not taking exception to any solicitation term; (2) includes the Representations and Certifications contained in the provisions;

and

(3) includes unit prices and total prices for all line items and sub line items for which the Navy is soliciting a price.

OFFERORS SHOULD NOT SUBMIT ANY ADDITIONAL INFORMATION WITH THEIR QUOTE.

After the solicitation closing date, the Contracting Officer may require an Offeror to promptly submit information to demonstrate the Offeror is responsible (See 52.212-2).

Quotes shall be emailed to Preston Grant at preston.grant@navy.mil no later than 18 November l 2019 by 2:30 PM (EST). Submissions of “LATE” quotes will not be accepted.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government will make a single award Firm-Fixed Price Indefinite-Delivery Indefinite-Quantity contract using the Lowest Price Technically Acceptable ("LPTA") source selection. The Government intends to award on initial offers but reserves the right to conduct discussions. An award will only be made to an Offeror that satisfies the general responsibility standards of FAR 9.104-1.

To be determined technically acceptable, an Offeror must submit a quote that does not take exception to any terms of the solicitation. The Contracting Officer will use the following rating table:

Rating Description Acceptable Quote does not take exception to any term of solicitation and therefore clearly meets the requirements of the solicitation.

Unacceptable Quote takes exception to a solicitation term(s) and therefore does not clearly meet the requirements of the solicitation.

mailto:preston.grant@navy.mil.

http://www.fbo.gov/ https://www.neco.navy.mil/ mailto:preston.grant@navy.mil

Price will be evaluated by totaling the prices for all line items and subline items, including options, for which the Government has requested the Offeror provide a price. The Government may determine that an offer is unacceptable if the option prices are significally unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

To be eligible for award of a contract hereunder, an Offeror must be determined by the Contracting Officer to be a responsible prospective Offeror IAW FAR 9.104-1. To be determined responsible, an Offeror must:

(a) Have adequate financial resources to perform the contract, or the ability to obtain them;

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

(c) Have a satisfactory performance record.

(d) Have a satisfactory record of integrity and business ethics;

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

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

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

The Contracting Officer may either make a responsibility determination without requesting any information from an Offeror or require the Offeror provide information to substantiate that it satisfies the general responsibility standards of FAR 9.104-1. The particular information requested from an Offeror will be specific to that Offeror.

For example, an Offeror that the Contracting Officer is less familiar with may be required to provide information not required from another Offeror. The Contracting Officer may consider an Offeror’s inability to promptly respond to a request for information as an indication the Offeror is nonresponsible since FAR 9.103(c) obligates prospective Contractors to affirmatively demonstrate their responsibility.

When the Contracting Officer requests responsibility information, the Contracting Officer’s request, the Offeror’s response, and all related communications between the Government and Offeror are solely for the purpose of determining whether the Offeror is responsible. These communications will not constitute discussions within the meaning of FAR 15.306 since the Offeror will not be given an opportunity to revise its quote.

While the Contracting Officer may require the Offeror to provide any information related to the standards at FAR 9.104-1, the following are examples of information that may be required:

1. A demonstration, through information such as bank references and financial information (e.g., most current annual balance sheet), that the Offeror has adequate financial resources to perform the contract.

2. A demonstration the Offeror’s price is not so low as to call into question the Offeror’s capability to successfully perform the contract.

3. Past Performance information on recent contracts for items similar to this requirement, including a point of contact for the Government activity or commercial entity customer.

4. A demonstration the Offeror can comply with the required delivery/performance schedule and response time in accordance with the SOW.

5. A demonstration the Offeror has, or can obtain, the organizational, management and technical skills to successfully perform. This demonstration may involve the particular personnel and approaches available to the Offeror.

6. The Offeror’s quality assurance procedures.

7. The Contractor has the personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other non-personal services necessary to completely support the Crame service mission at NAS Pensacola

Port Operations as identified in this Performance Work Statement (PWS).

8. Contractors shall have a satisfactory record of integrity and business ethics in accordance with FAR 9.104-1(d).

9. A demonstration the Offeror isn’t…