N6883625Q0006.pdf

SEE ADDENDUM

(No Collect Calls)

N6883625Q0006 17-Oct-2024

b. TELEPHONE NUMBER

228-238-8922

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 24 Oct 2024

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 X 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

KENNETH L. PARKER

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC JACKSONVILLE CONTRACTS DIV

KENNETH L PARKER

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 N65971 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL CONSTRUCTION TRAINING CENTER

TAMARA THOMAS

5510 CBC 8TH STREET

BUILDING 443

GULFPORT MS 39501-5003

TEL: 228-871-3319 FAX:

FAX:

TEL: 228-238-8922 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

324121

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF71

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 1 Each

19MM HOT MIX ASPHALT

FFP

The Contractor shall provide Hot Mixed Asphalt in accordance with the Description of Requirements.

FOB: Destination

PSC CD: 5610

NET AMT

0002 1 Each

19MM HOT MIX ASPHALT

FFP

The Contractor shall provide Hot Mixed Asphalt in accordance with the Description of Requirements.

0003 1 Each

19MM HOT MIX ASPHALT

FFP

The Contractor shall provide Hot Mixed Asphalt in accordance with the Description of Requirements.

0004 1 Each

19MM HOT MIX ASPHALT

FFP

The Contractor shall provide Hot Mixed Asphalt in accordance with the Description of Requirements.

DESCRIPTION OF REQUIREMENTS

HOT MIX ASPHALT

1.0 INTRODUCTION

The Naval Construction Training Center (NCTC) Gulfport, MS requires the delivery of up to approximately 1,000 tons of hot asphalt in Contractor-owned vehicles during a one (1) year ordering period. Naval Construction Training Center (NCTC) Gulfport, MS personnel will meet the Contractor’s truck at the 28th Street gate to direct them to the various work sites. Each work site will be no further than 7 miles from the gate at 5510 CBC 8th St, Gulfport, MS 39501-5003. Contractors shall account for processing times and inspection at Naval Construction Battalion Center (NCBC) commercial gate to meet delivery requirement.

2.0. REQUIREMENT CHARACTERISTICS

Hot mixed asphalt shall meet requirements as set forth in the Standard Specifications for Constructions of Roads and Bridges on Federal Highway Projects, as outlined in the American Association of State Highway and Transportation Officials (AASHTO) & Mississippi Standard Specifications for Road and Bridge Construction Section 403, Sub-Section 401. These specifications shall include the American Society of Testing Materials (ASTM). Mix design requirements depending on job site will be the 19 mm size mix meeting ASTM C-136 and astm C-117 aggregate design. Asphalt cement shall be AC-20 or AC-30 ASTM D-3381 as required for this region of the U.S. hot mix asphalt, ¾” minus aggregate, totally free of debris, ideal batched temperature of 350 degrees without overheating emulsion.

3.0 PLACE OF DELIVERY, TIMES, and SCHEDULES

3.1 Place of Delivery: Orders placed shall be delivered on the NCBC Gulfport base within 7 miles from the gate at 5510 CBC 8th St, Gulfport, MS 39501-5003.

3.2 Delivery: Delivery shall take place between the hours of 0700 - 1500 CST, Monday thru Friday and shall not include after-hours, weekends, Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Advanced notice will be provided for required materials and it shall be expected that Contractor deliver within 30 minutes of requested time.

Due to the listed requirements for the asphalt temperature the Contractor shall be located no further than 25 miles from the base point of entry. Placement will normally begin at 0700 and continue until job is complete (no later than 1500 hours) and/or requested amount of asphalt has been delivered. Contractor shall provide continuous flow of asphalt from a silo and exclude pre-made asphalt. Contractor shall deliver at a minimum one (1) truckload every 30 minutes until delivery is complete and shall not exceed two (2) truckloads in a 30-minute period. Hot Asphalt shall be at the correct temperature at delivery point, temperature shall be between the range of 320-350 degrees Fahrenheit, any temp points outside of these parameters will be rejected for non-conformance. All dump trucks shall be a minimum of 15 tons. No trailer deliveries are authorized. Customer will give a 48-hour notice of cancellation due to weather or other circumstances, if needed, prior to scheduled delivery. Upon cancellation, NCTC will not be liable for any charges from the cancelled order.

3.3 Estimated Delivery Dates:

Hot Asphalt Mix, 19MM, Base Course Mix Delivery based on class schedules

Quantity Unit of Issue Estimated Delivery Date

Up to 200 Tons 02-Dec-2024 to 06-Dec-2024 Up to 200 Tons 31-Mar-2025 to 04-Apr-2025 Up to 200 Tons 09-Jun-2025 to 13-Jun-2025 Up to 200 Tons 15-Sep-2025 to 19-Sep-2025

The above dates are just estimates and class schedules and deliveries are subject to change.

Delivery requests will be made by the Designated Government Representative (DGR) or POC no later than ONE (1) week before the delivery of asphalt is required.

4.0. APPLICABLE PUBLICATIONS (Current Editions) AND FORMS

The Contractor (to include Subcontractors) shall abide by all applicable regulations, laws publications, manuals, local policies, and procedures such as Federal Law, State Law(s), Occupational Safety and Health Administration (OSHA) regulations, and Navy regulations, publications, manuals, and local policies and procedures.

29 CFR 1910, Occupational Health and Safety 41 CFR 102, Federal Management Regulation (FMR) DoD 5500.7-R Joint Ethics Regulations (JER) DoD 5200.08-R, Physical Security Program 32 CFR 147.24, The National Agency OPNAVINST 5530.14E CH-2, Navy Physical Security and Law Enforcement Program OPNAVINST 5102.1D MCO P5102.1B, Navy & Marine Corps Mishap and Safety Investigation, Reporting, And Record Keeping Manual

5.0 PERIOD OF PERFORMANCE

See 1449 Schedule

6.0 QUALITY CONTROL AND INSPECTION REQUIREMENT

Quality Control is the responsibility of the Contractor. The Contractor shall be responsible for the delivery of quality supplies or services to the Government in accordance with (IAW) the terms and conditions contained in Federal Acquisition Regulation (FAR) Subpart 52.212-4, “Contract Terms and Conditions—Commercial Products and Commercial Services.

7.0 DESIGNATED GOVERNMENT REPRESENTATIVE (DGR)

Provided at Award

The DGR monitors all aspects of the contract and respective delivery orders. The DGR is authorized to perform the following functions:

WAWF Payments Receipts/Invoices Inspections of all deliveries Written and oral communications with the Contractor concerning any kind of delivery and conformance issues, which will be reported to the Contracting Officer (KO) Scheduling and coordination of all deliveries will be via issuance of delivery order. Further coordination will be conducted through the DGR.

Note: Invoicing - Invoices will not be accepted until NCTC accepts batched asphalt after delivery. See 252- 232-7006 Wide Area Workflow clause for invoicing procedures for payment.

The DGR is not authorized to change any of the terms and conditions of the resulting contract and only authorized changes can be made by the KO.

Contract Type: FFP – IDIQ

8.0 CORRECTIVE ACTIONS

If at any time, it is determined by the DGR that the asphalt is out of conformance (quality controls) to include any tests performed by the Government that shows the asphalt is out of conformance; action shall be taken by the Contractor to correct the deficiency. If a Contract Discrepancy Report (CDR) is issued by the Government, the Contractor shall develop a Corrective Action Plan (CAP), which identifies the root cause, the specific non-conformance, the Corrective Action (CA), the measures to prevent recurrence to include the timeline for completion.

9.0 PERSONNEL

For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or Subcontractor. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat and professional appearance.

The Contractor shall ensure that employees meet all applicable federal, state, local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general wellbeing, or operational mission of the Navy. All Contractor personnel shall comply with installation security and access procedures and the Contractor’s final Safety Plan.

10. MOTOR VEHICLE OPERATORS

Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid U.S. state driver’s license, certificates and permits, applicable for the type and class of vehicle being operated.

11.0 INCLEMENT WEATHER

The Contractor shall perform deliveries as scheduled unless specific approval to delay is requested by the Contractor and approved by DGR. Such approval will normally be granted only in cases of particular severe weather, such as hurricanes or tornados, etc. The Contractor shall not request additional cost for schedule changes due to inclement weather.

12.0 SAFETY

The Contractor is solely responsible for compliance of all safety regulations of employees while working on base. All accidents which may arise out of, or in connection with, the deliveries required herein which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and Designated Government Representative as soon as possible or no later than twenty-four hours of such occurrence.

Reports shall provide full details of the accident, including statements from witnesses. The fore-going procedures shall also apply to any claim made by a third party against the Contractor as a result of any accident that occurs in connection with performance under this contract while on base.

Health Protection Measures:

When implemented by the Base Commander the contractor shall take action to operate in austere environment at the following Health Protection Conditions (HPCON) levels. Each HPCON corresponds to the increased risk from the spread of infectious diseases (viruses) representing elevated risks of morbidity and mortality.

HPCON A - Limited: Health alert. Communicate risk and symptoms of health threat with employees; review plans and preparation.

HPCON B - Moderate: Strict hygiene (no handshaking, wipe commonly used items). If exposed, have employees self-isolate. Maximize use of telework for eligible personnel.

HPCON C - Substantial: Social distancing; limit or cancel in-person meetings, gatherings, temporary duty assignments.

HPCON D - Severe: Restriction of movement (quarantine), mass evacuation, mass decontamination. Contractor services not required unless given direction from the Contracting Officer (KO).

Force Protection Conditions:

Force Protection Conditions (FPCONs) are progressive levels of a terrorist threat system that describes security measures to be taken in response to various terrorist threats. FPCON levels are listed below from the lowest to highest.

FPCON NORMAL - This condition applies when a general global threat of possible terrorist activity exists and warrants a routing security posture.

FPCON ALPHA - This condition applies when there is an increased general threat of possible terrorist activity against personnel or facilities, the nature and extent of which are unpredictable.

FPCON BRAVO - Applies when an increased or more predictable threat of terrorist activity exists. FPCON CHARLIE - Applies when an incident occurs or intelligence is received indicating that some form of terrorist action or targeting against personnel or facilities is likely.

FPCON DELTA - Applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent. FPCON Delta is usually declared as a localized condition.

13. SECURITY ACCESS - BASE ACCESS:

Personnel requesting access to NCBC Gulfport shall first have a Government sponsor. The sponsor will need a letter from the contractor requesting unescorted access and stating the purpose and length of the visit. The background form for the person who would be receiving unescorted access can be obtained from Pass and ID or pulling FORM 5512-1 from internet. Once the request has been approved, the sponsor will be given the "Application for Access." This application must be filled out and faxed/sent by encrypted e-mail/dropped off at least 3 days in advance of the visit. If the background check is favorable, unescorted access will be granted for the approved period. 22 Olson Ave, Building 452, Gulfport MS 39501-5003; Phone Number (228) 871-4271; Fax Number: (228) 871- 4272.

13.1. Access and General Protection/Security: Policy and Procedures

Contractor and all associated Subcontractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, Department of the Navy (DoN) and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

13.2 Be citizens of the U.S

14. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) 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 the "Changes" clause of this contract.

(b) 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.

(c) The Contracting Officer is the only person 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 Contracting Officer. 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 without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

NAME: Kenneth Parker ADDRESS: 110 Yorktown Ave., Jacksonville, FL 32212

TELEPHONE: (228) 238-8922

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 0003 Destination Government Destination Government 0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 02-DEC-2024 TO

06-DEC-2024

N/A NAVAL CONSTRUCTION TRAINING

CENTER

TAMARA THOMAS

5510 CBC 8TH STREET

BUILDING 443

GULFPORT MS 39501-5003

228-871-3319

N65971

0002 POP 31-MAR-2025 TO

04-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 09-JUN-2025 TO

13-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 15-SEP-2025 TO

19-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

NOV 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

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

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)

AUG 2024

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-1 ADDENDUM

ADDENDUM 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

The Government intends to post solicitation N6883625Q0006 and all amendments via SAM.GOV.

QUESTIONS

All questions and clarifications regarding this solicitation shall be submitted via email to Mr. Ken Parker at kenneth.l.parker16.civ@us.navy.mil and Mr. Robert Edwards at robert.s.edwards42.civ@us.navy.mil; subject line to read: Questions/Clarifications for N6883625Q0006. Each question or comment should reference the applicable document, page number, and paragraph number. Quoters shall not include any proprietary information in a question, because the Government will provide the question and answer to all potential Quoters. All questions shall be submitted no later than 10:00 AM (Eastern), 21 Oct 2024.

The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. Accordingly, Quoters are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the proposal timeframe.

HISTORICAL DATA

(a) North American Industry Classification System (NAICS) code and small business size standard. This procurement is being solicited in accordance with Federal Acquisition Regulation (FAR) Subpart 19.5 – Small Business programs. See block 10 of the SF1449 for the type of Small Business Set Aside, the North American Industry Classification Code System (NAICS), and the Small Business Size Standard.

(b) Submission of Offers. Quotes shall be submitted in PDF format by volume as described below.

Each volume shall contain a cover sheet with #1 and #3 below.

The quote shall contain the following information:

1. Solicitation number as indicated on page one (1) of the SF1449, Block 5 and the Title of the procurement.

2. Time specified for receipt of offers: Offerors shall ensure that offers are received by the Government point of contact no later than the date and time indicated on page one (1) of the SF1449, Block 8.

3. Name, title, e-mail address, and telephone number of the individual(s) with authority to bind the company. Quoter’s POC information for contractual questions/discussions. CAGE Code, Unique Entity ID (UEI), Business Size, and GSA Contract Number if applicable.

4. Technical Description: See volumes below.

5. Terms of any express warranty: Not modified.

6. Provide Price and any discount terms as described in Price Volume.

7. “Remit to” address: The Quoter shall submit all volumes of its offer electronically via

GSA eBuy.

8. Representations and certifications: See Contractor Responsibility Volume.

9. Acknowledgment solicitation amendments: All amendments issued with signatures to acknowledge terms and conditions of amendments. Acknowledgement of all amendments issued to the solicitation shall be signed, and dated.

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 ).

11. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Offers shall be submitted in volumes as follows:

Volume I – Price There is no page limit for Volume I submission

Quoters shall submit the following:

1. Standard Form (SF) 1449. Blocks 17a, 30a, 30b, and 30c of page one (1) of SF

1449 shall be completed and signed to show the Quoter has read and agrees to comply with all terms, conditions, and instructions provided in the solicitation document. By signing Block 30b of the SF1449, the Quoter has confirmed they take no exception to the solicitation and have read, understand, and agree to comply with all terms, conditions, and instructions outlined in the solicitation.

2. Price Quote. The Quoter shall fill in the price schedule and include unit prices.

The unit price should be evenly incremented so that it adds up to the total price without rounding past the second digit right of the decimal point for total prices for all contract line items (CLINs). Pricing shall be structured in accordance with the contract line items identified in the SF 1449 bid schedule.

Volume II – Technical Capability Volume II is limited to 35 pages

Offerors shall demonstrate an understanding of the solicitation requirements by providing the following:

1. A plan showin ghow the delivery requirements of Section 3.2 of the Description of Requirements (DOR) will be met.

2. Statement certifying the hot mixed asphalt meets the minimum requirements IAW Section 2.0 of the DOR.

3. Provide verification the Contractor is located no further than 25 miles from the base point of entry, as specified in DOR Section 3.0.

a. If subcontracting to another company, provide the name, location, and a letter from the subcontractor confirming location and participation.

Failure to provide the following will result in an unacceptable rating.

Each technical capability element must provide sufficient evidence that the Offeror has a clear understanding of the solicitation and are able to meet the minimum requirements and qualifications set forth in the PWS.

Volume III – Past Performance Volume III is limited to 15 pages

The Quoter shall provide a maximum of three (3) relevant past performance evaluations of similar size, scope and complexity to the products and services set forth in the DOR and completed within the past three (3) years prior to the solicitation closing date (See Block 8 of the SF1449). If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available which meets the requirements identified above, it shall be submitted with the offer. If a CPARS is not available, then the Quoter shall submit a completed Past Performance Reference Questionnaire (PPQ) (Attachment 1) for each reference submitted. At the PPQ customer/client’s request, PPQs may be submitted directly to the Government’s point of contact Mr. Ken Parker at kenneth.l.parker16.civ@us.navy.mil and Mr. Robert Edwards at robert.s.edwards42.civ@us.navy.mil by the date and time quotes are due. Quoters shall not incorporate by reference, PPQs previously submitted for other solicitations. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. The Quoter is responsible for providing the Past Performance Questionnaire to their references for completion.

Quoters may submit a combination of delivery orders (DOs), task orders (TOs), technical direction letters (TDLs), and/or technical area tasks (TATs) placed under an Indefinite Delivery type contract or BPA as one of the examples of past performance; however, no more than three (3) total will be reviewed. Each individual example in the combination must meet the requirements listed above.

If no recent (within the past three years prior to solicitation closing date), relevant past performance is available the Quoter shall affirmatively state that it possesses no recent or relevant past performance.

Note: An incomplete PPQ may not be evaluated.

Volume IV Contractor Responsibility There is no page limit for Volume IV submission

1. Representation and Certifications. Quoters shall either complete the following provisions contained in the solicitation OR provide a statement that certification in System for Award Management (SAM) is current, complete, and accurate as of the date of the Quoter’s signature, or list any changes as they relate to the following provisions:

FAR 52.212-3

FAR 52.209-11

DFARS 252.204-7016

2. No Exception. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quoter’s that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

3. Limitations on Subcontracting. Quoter shall affirmatively state that they intend to meet the requirements outlined in FAR 52.219-14, Limitations on Subcontracting (Sep 2021) (Deviation 2021-O0008).

4. Financial Letter. A letter from the Quoter’s financial institution that indicates that the Quoter has adequate financial resources to perform the contract;

5. Organization. A description of the Quoter’s organization, accounting, and operational controls to meet the requirement.

Note: After the solicitation closing date, the Contracting Officer may require a Quoter to promptly submit additional information to demonstrate the Offeror is responsible.

AWARD NOTICE TO SUCCESSFUL OFFEROR

A written notice of award or acceptance of a Quote will be emailed to the successful Quoter.

Before the Quoter’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Failure to submit all required documentation may render a quote non-responsive and the quote will not be considered for award.

(a) Period for acceptance of offers. Quoter agrees to hold their prices firm for a period of 120 calendar days from date specified for receipt of quotes, unless another time period is specified in an amendment to the solicitation.

(b) Product samples. Not modified.

(c) Multiple offers. The Government IS NOT accepting multiple quotes presenting alternative terms and conditions, including alternative line items, or alternative commercial products or commercial services for satisfying the requirements of this solicitation. The Quoter shall submit prices for every priced contract line item. The Government intends to make a single award.

(d) Late submissions, modifications, revisions, and withdrawals of offers. Not modified.

(e) Contract award. Not modified.

(f) Multiple awards. The Government WILL NOT accept any item or group of items of a quote. The Government WILL NOT accept quantities less than those specified in the schedule. The Government WILL NOT make an award on any item for a quantity less than the quantity offered, at the unit prices offered. The Quoter must submit prices for every priced contract line item. The Government intends to make a single award.

(g) Availability of requirements documents cited in the solicitation. Not modified

(h) . Unique entity identifier. Not modified.

(i) Reserved.

(j) Debriefing. Not modified.

ATTACHMENTS: The following documents are provided as attachments and are considered part of this solicitation:

Attachment 1: Past Performance Questionnaire

Basis of Evaluation-Commercial Products and Commercial Services per FAR Subpart 13.106

The Government intends to award a firm-fixed-price contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be the most advantageous to the government, price and other factors considered. Initially the Government will evaluate all quotes for technical capability. All quotes rated technically unacceptable shall be ineligible for award and removed from any further consideration. The Government will then evaluate all technically acceptable quotes for past performance and price, and assign appropriate adjectival ratings for past performance. The Government will then conduct a trade-off between past performance and price where past performance is more important than price.

Each quote shall be in the form prescribed by, and shall contain a response to, each of the areas identified in the solicitation provision entitled “FAR provision 52.212-1 Addendum, Instructions to Offeror’s- Commercial Products and Commercial Services.”.

The type of source selection utilized in this procurement is the Best Value Trade-Off IAW Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services, and SubPart 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced quote.

The Government reserves the right to make award solely on initial quote received.

Note: Past performance is more important than price; however, price has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based.

Price: The Government will evaluate price in accordance with FAR Subpart 13.106, Award and Documentation. The Government may evaluate any and all information submitted by the Quoter to support the reasonableness of the prices quoted. The method of evaluation used is solely within the discretion of the Contracting Officer.

i. Price will be evaluated by multiplying the estimated quantities by the quoted unit price for each line item and then adding the totals together thereby identifying the Quoter’s total estimated price for each line item.

Note: Quoters that do not quote all items in accordance with Volume I (Price) or which the quote only contains partial CLIN pricing will be ineligible for award. Failure to furnish the price in accordance with the instructions above shall render the quote unacceptable and will not be considered for award.

Technical Capability: The technical rating reflects the degree to which the quoted approach meets or does not meet the minimum performance or capability requirements. For a quote to be found technically acceptable, the quote must clearly meet the minimum requirements of the solicitation.

Failure to provide the following will result in an unacceptable rating:

N6883625Q0006

1. A plan showin ghow the delivery requirements of Section 3.2 of the Description of Requirements (DOR) will be met.

2. Statement certifying the hot mixed asphalt meets the minimum requirements IAW Section 2.0 of the DOR.

3. Provide verification the Contractor is located no further than 25 miles from the base point of entry, as specified in DOR Section 3.0.

a. If subcontracting to another company, provide the name, location, and a letter from the subcontractor confirming location and participation.

Acceptable (A) The quote meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is low.

Unacceptable (U) The quote does not meet requirements of the solicitation and/or risk of unsuccessful performance is unacceptable. Quote is unawardable.

Past Performance - The past performance evaluation results in an assessment of the Quoters probability of meeting the solicitation requirements. The past performance evaluation considers each Quoters demonstrated recent and relevant record of performance in supplying services that meet the contract’s requirements as described in the Addendum to FAR 52.212-1. The recency and relevance of the information, source of the information, context of the data, and general trends in Contractor’s performance shall be considered. These are combined to establish one performance confidence assessment rating for each Quoter. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. Submitted Past Performance project relevancy will be rated as either “relevant” or “not relevant”. Submitted CPARS or PPQ recent information that is older than 3 years as of the closing date of this request for quote shall be rated not relevant and will not be deemed recent.

Rating Definition Relevant Present/past performance effort involved similar size, scope complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the size, scope and complexities this solicitation requires.

A review of all past performance, general trends, and usefulness of the information will be incorporated into an overall performance confidence assessment rating. The past performance confidence assessment rating is based on the Quoters overall record of recency, relevancy and quality of performance and will be rated as stated below.

Rating Description Substantial Confidence Based on the Quoters recent/relevant performance record, the Government has a high expectation that the Quoter will successfully perform the required effort.

Satisfactory Confidence Based on the Quoters recent/relevant performance record, the Government has a reasonable expectation that the Quoter will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the Quoters performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Quoter may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the Quoters recent/relevant performance record, the Government has a low expectation that the Quoter will successfully perform the required effort.

No Confidence Based on the Quoters recent/relevant performance record, the Government has no expectation that the Quoter will be able to successfully perform the required effort.

In the case of Quoters for which there is no information on past contract performance or where past contract performance is not available, the Quoters may not be evaluated favorably or unfavorably on the factor of past contract performance. In this case, the Quoter’s past performance is unknown and assigned a confidence rating of “neutral.” Past performance ratings of “Substantial Confidence” and “Satisfactory Confidence” hold more value than a “Neutral Confidence” rating and will be considered more favorably in the evaluation of past performance.

NOTICE OF AWARD

To be eligible for award of a contract hereunder, the Quoter must be determined by the Contracting Officer to be a responsible prospective Contractor in accordance with FAR 9.1.

A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the quote’s specified expiration time, the Government may accept a quote, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CLAUSES INCORPORATED BY FULL TEXT

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

COMMERCIAL SERVICES (MAY 2024)

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

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

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

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

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

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

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

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.