RFQ N66604-21-Q-0457_2021-05-12.pdf

1300920197

FAR 5.203(b): This solicitation w ill be posted for few er than 30 days.

FAR 36.204 Disclosure of the magnitude of construction project:

- Physical characteristics are to provide raised f looring system imcluding electrical and related w ork.

- Estimated price range is betw een $100,000 and $250,000.

Site Visit: Wednesday 19 May 2021 at 2:00 pm ET. Due to COVID-19 pandemic, follow guidance from the Centers for Disease Control and Prevention. See instructions in Section A for complete Site Visit details. We may hold more than one visit depending on number of attendees.

Site visit(s) w ill be conducted consecutively to minimize schedule impact.

Questions due: Monday 24 May 2021 by 2:00 pm ET.

Proposals due: Wednesday 2 Jun at 2:00 pm ET.

100% Small Business Set-Aside: NAICS 238330 Flooring Contractors; Size Standard $16,500,000.00.

Technical information required w ith submission of proposal. See Sections L and M for specif ic requirements.

Complete and submit attached FAR Provision 52.204-24 w ith proposal.

Method of Payment: Government Purchase Card.

JOSEPH SCARPA 401-832-1499

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

12-May-2021

(RFP)

(IFB)

CALL:

B1258 R314 Raised Flooring Specification and Draw ings as indicated in Section J.

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________02 Jun 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NAVAL UNDERSEA WARFARE CENTER

JOSEPH SCARPA, CODE 0232, 401-832-1499,

CONTRACTS DEPARTMENT

1176 HOWELL STREET, BLDG. 1258

NEWPORT RI 02841-1708

N66604

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

W2020-198-02

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N6660421Q0457 36

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N6660421Q0457

Section A - Solicitation/Contract Form

GENERAL INFORMATION

NAVAL UNDERSEA WARFARE CENTER DIVISION NEWPORT

(NUWCDIVNPT) Site Visit Instructions

Building 1258 Room 314 Raised Flooring

Visitors must check-in at NUWCDIVNPT Building 80, Naval Undersea Warfare Center (NUWC), Newport, Rhode Island.

Maintain physical distance and observe COVID-19 precautions.

Directions/map available at https://www.navsea.navy.mil/Portals/103/Documents/NUWC_Newport/NUWC-Gate- Detail.pdf

Visitor parking is on northeast side of Building 80. Do not approach nor drive through vehicle gate.

Heading west down Access Road, go past the traffic signal and then first right into Building 80 parking lot. You should see small “Bldg 80” sign mounted on the exterior wall that is facing the parking lot.

Once checked in and further authorized, we will caravan as a supervised group of individual vehicles through the vehicular gate to the project site. Advise if special accommodations needed.

The following rules apply for a site visit:

• This will be an unclassified site visit.

• Follow-up questions can be submitted via email to Joseph.Scarpa@navy.mil and Kathleen.Hourihan@navy.mil.

• The use of any type of camera during the site visit is prohibited.

• All interested attendees must pre-register by email to Joseph.Scarpa@navy.mil and Kathleen.Hourihan@navy.mil.

• In addition to pre-registration, all participants MUST have an approved Visit Request.

• Instructions for submitting a visit request can be found at the following link:

http://www.navsea.navy.mil/Home/Warfare-Centers/NUWC-Newport/Contact-Us/Mandatory-Visit- Request/

• Access to NUWC Division Newport WILL NOT be granted under any circumstances without a valid visit authorization request on file. Please list Joseph Scarpa, Code 0232, and Kathleen Hourihan, Code 0232 as the Government POC on the visit request.

• Personally identifiable information is required by the NUWC Security Department; not the Contracts Department. Hence, we ask you separately register your intent to attend via email with the Contracts Department (J Scarpa and K Hourihan). Therefore, in addition to your formal Visit Request to NUWC Security, provide company name and individual names of attendees (including your subcontractors) to Joseph.Scarpa@navy.mil and Kathleen.Hourihan@navy.mil

Visiting NUWC during COVID-19

• Review attachment COVID Questionnaire, and follow the most up to date Center for Disease Control (CDC) guidelines in determining access to this Government Facility.

• Face coverings must be worn at all times; see attachment.

• If travelling from outside of a 60-mile radius of NUWCDIVNPT, participants must specify their departure location addresses (city/state) in the pre-registration email to Joseph.Scarpa@navy.mil and Kathleen.Hourihan@navy.mil.

• Visitor Control - NUWC Newport Building 80 Lobby outside of NUWC Gate 23 is open Monday- Friday from 7 a.m. to 3:30 p.m. (except holidays)

NUWC NEWPORT DIVISION VISITOR REQUEST INFORMATION

A visit request is MANDATORY for all visitors to NUWC Division Newport; government and civilian, regardless of the duration or classification of the visit. Access to NUWC Division Newport will not be granted under any circumstances without a valid visit authorization request (VAR) on file.

If you can submit your VAR via DISS, you do not need to send a VAR on company letterhead.

Due to the number of visit requests received, please allow 3-5 business days for processing time, whether received by DISS or on Company Letterhead via FAX or EMAIL.

Visitors who arrive prior to the 3-5 working day processing window may not be guaranteed access.

Individuals not in possession of a common access card (CAC) or Retired Military/Dependent Identification Card (ID, will require a Defense Biometric Identification System (DBIDS) card for access.

No unescorted access will be granted without a valid DBIDs card or ID mentioned abovet.

NUWCDIVNPT VISITOR REQUEST INFORMATION NEEDED:

**Information must be on Company Letterhead**

1) Company/Organization Name, Address, Telephone, and FAX Number

2) Contractor and Government Entity (CAGE) Code

3) Visitor(s) Full Name (As it appears on government issued ID – i.e. Driver’s License)

4) Visitor(s) Full Social Security Number

5) Visitor(s) Date of Birth

6) Visitor(s) Place of Birth (City & State)

a. If born outside the U.S, you MUST provide a Naturalization Number or US Passport

7) Visitor(s) Citizenship

8) Level of Clearance: UNCLASSIFIED or as appropriate

a. SCI Level Access MUST be coordinated SSO to SSO

9) Do they possess a CAC, Military ID, or DBIDs Card? (Yes or No)

a. Please specify which visitor(s) have CAC, Retired Military/Dependent ID, DBIDS, or NOT

APPLICABLE

10) NUWCDIVNPT Point of Contact (Sponsor)

a. MUST be a NUWC Government Employee

11) Specific Date(s) of Visit, to include Year

12) Purpose of Visit

13) Contract Number, if applicable

a. If Contract Number is not provided, then the visit will be for 30 days at the UNCLASSIFIED Level

14) Authorized Signature:

a. Name, Title, Signature, and Date of Requesting Company/Organization Authorizing Official (MUST be a US Citizen)

b. Smaller companies that do not have a Security Officer to sign may use another Official or Secretary.

c. Individuals MUST NOT sign their own request

Submit Visitor Request(s) and/or SECNAV form(s) 5512/1 via:

JPAS/DISS SMO CODE: 666045 (If no access to DISS, use methods below)

EMAIL FORM TO: nuwc_npt_access_control@navy.mil

FAX FORM TO: (401) 832-4396

**INCOMPLETE VISIT REQUESTS WILL BE DENIED**

Call NUWC Visitor Control at (401) 832-2152 if you want to verify any visits or status on vetting.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job B1258 R314 Raised Flooring

FFP

Provide raised flooring system in Building 1258 Room 314 including carpentry, electrical, and related work in accordance with Plans and Specification.

FOB: Other

PURCHASE REQUEST NUMBER: 1300920197

PSC CD: Z2HB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot Submittals

FFP

Submittals in accordance with Specification.

Not Separately Priced (NSP).

FOB: Other

PSC CD: Z2HB

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

1. SCOPE. This Statement of Work (SOW) defines the effort required for the provision of an access floor system throughout rooms 314A and 314B in Building 1258 located at the Naval Undersea Warfare Center, Newport, RI.

This construction project includes: removal and salvage of a door, door frame, and door hardware; removal of wall base; salvaging of carpeting; minor modifications to a steel stud and gypsum board partition; reinstallation of door, door frame, and door hardware; provision of a raised floor system; provision of modular floor receptacles; painting;

and incidental related work. Onsite contractor supervision will require at least one qualified individual serving the roles of superintendent, quality control manager, and site safety and health officer.

1.1 Background. Building 1258 is a two-story masonry and steel frame structure. It houses offices and computer laboratories. This project will outfit a recently renovated office suite with an access floor system. The access floor system will give future occupants of the room flexibility with the locations of their systems furniture and computer equipment. It will also allow the room to quickly be converted into a conference room for large meetings.

2. REQUIREMENTS

2.1 General Requirements

2.1.1 Occupancy of Premises. Building 1258 will be occupied during performance of work. Provide temporary barriers to prevent unauthorized access to the construction site.

2.1.2 Security Requirements. All contractor personnel coming to the site must be United States of America citizens, will be required to present a valid unexpired identification (such as a passport or Real ID Act-compliant state driver’s license) and will be subject to a background check. To access the site, the Contractor must submit a Visit Request and a SECNAV 5512/1 form to NUWCDIVNPT Security. Visitor badges require photo taken and fingerprinting. Visit requests take up to 15 working days for processing.

2.1.3 Working Hours. At the preconstruction conference, establish a set of regular working hours consisting of an 8 1/2 hour period, between 7 a.m. and 5:30 p.m., Monday through Friday, excluding Government holidays. This will become the contractor’s regular working hours. Work outside regular working hours will require Contracting Officer approval.

2.1.4 Supervision. A Superintendent, Site Safety and Health Officer (SSHO), and Quality Control (QC) Manager is required for this project. Personnel filling these positions must be capable of reading, writing, and conversing fluently in the English language, and must be on the job-site at all times during the performance of contract work.

The superintendent may also serve as the SSHO and as the QC manager.

2.1.5 Utility Cutovers and Interruptions. Utility cutovers and interruptions must be made outside of regular working hours and will require escort by a NUWCDIVNPT Government Employee.

CLAUSES INCORPORATED BY FULL TEXT

C-228-H002 MINIMUM INSURANCE REQUIREMENTS (NAVSEA) (JAN 2019)

(a) In accordance with the clause(s) of this contract entitled "Insurance--Work On a Government Installation" (FAR 52.228-5) and “Liability and Insurance” (DFARS 252.217-7012), as applicable, the Contractor shall procure and maintain insurance, of at least the kinds and minimum amounts set forth below:

(i) Workers' compensation and employer’s liability coverage shall be at least $100,000, except as provided in FAR 28.307-2(a), if applicable

(ii) Bodily injury liability insurance coverage shall be written on the comprehensive form of policy of at least $500,000 per occurrence.

(iii) Automobile liability policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(b) To be approved by the Contracting Officer, insurance certificates must include the following cancellation policy statement: Prior to cancellation or material change in coverage, the contractor shall give 30 days written notice to the Contracting Officer.

(c) Physical work cannot begin until the insurance certificate has been approved by the Contracting Officer. Failure to provide an acceptable insurance certificate will not remove the contractor’s responsibility to meet the delivery requirements outlined in Section F and FAR 52.211-11, Liquidated Damages – Supplies, Services, or Research and Development, if applicable.

(End of text)

C-237-H002 SUBSTITUTION OF KEY PERSONNEL (NAVSEA) (OCT 2018)

(a) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer in accordance with this requirement.

Substitution shall include, but not be limited to, subdividing hours of any key personnel and assigning or allocating those hours to another individual not approved as key personnel.

(b) All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five (45) days, or ninety (90) days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; (3) an explanation as to why the proposed substitute is considered to have equal or better qualifications than the person being replaced; (4) payroll record of the proposed replacement; and (5) any other information requested by the Contracting Officer to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

(c) Key personnel are identified in an attachment in Section J.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 10-SEP-2021 1 NAVAL STATION NWPT, RECEIVING

OFFICER

RECEIVING OFFICER

47 CHANDLER STREET

NEWPORT RI 02841

401-841-3827

N66604

0002 10-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

N66604

52.242-14 Suspension of Work APR 1984

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after contract award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after contract award. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT

OFFICE (NAVSEA) (JUN 2018)

(a) The following table of payment office allocation methods applies to the extent indicated.

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request

Su pp ly

Se rv ic e

C on st ru ct io n

Payment Office Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)

X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

Clause

Type of Payment Request

Su ic e

C on st ru ct io n

Payment Office Allocation Method

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments

Progress Payment*

X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

Commercial Item Financing*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance- Based Payments

Performance- Based Payments*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

Clause

Type of Payment Request

Su ic e

C on st ru ct io n

Payment Office Allocation Method

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

(b) This procurement contains the following contract type(s):

CLIN 0001 Fixed Price CLIN 0002 Not Separately Priced

G-232-H004 GOVERNMENT PURCHASE CARD METHOD OF PAY (NAVSEA) (OCT 2018)

(a) Payment will be made via the Government Purchase Card once evidence of material receipt or service completion and an invoice are received. At the time of shipment, or completion of services, but no later than two business days after shipment, contact the individual identified below to obtain the account number to be charged. The Government Purchase Card must not be charged without first obtaining final authorization from the appropriate Government Purchase Cardholder.

(b) To facilitate delivery, clearly mark all boxes, cartons, containers and packing slips with the order number referenced on the order. Include an itemized and serialized invoice. (NOTE: these numbers can be found on the face of the order or contract.)

(c) To expedite payment, please do not include your invoice with your shipment. Please mail invoice separately to the address below. Any invoice is required for payment to be authorized using the Government Purchase Card. Current DoD and Local policy does not allow the use of third party card processing companies such as Pay Pal, PayPro, etc.

(d) Mail invoices and bankcard authorizations to:

NUWCDIVNPT

Purchasing Agent, Code 1071 1176 Howell Street Newport RI 02841-1708 E-Mail Address: nuwc_npt_1071hd.fct@navy.mil

If you cannot e-mail, please call 401-832-5552.

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND

RESPONSIBILITIES (NAVSEA) (OCT 2018)

(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.

(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.

(c) The points of contact are as follows:

(i) The Procuring Contracting Officer (PCO) is:

Name: Kathleen Hourihan Address: NUWC Division Newport, Code 0232 1176 Howell St Newport RI 02841-1708 Phone: (401) 832-3292; Fax: (401) 832-2417 E-mail: kathleen.hourihan@navy.mil

(ii) The Contract Specialist is:

Name: Joseph Scarpa Address: NUWC Division Newport, Code 0232.10 1176 Howell St Newport RI 02841-1708 Phone: (401) 832-1499 E-mail: joseph.scarpa@navy.mil

(d) The Technical Point of Contact (TPOC) is the contracting officer’s representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.

The Technical Point of Contact (TPOC) is:

Name: [ * ] Address: [ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx]; FAX: (Area Code) xxx- [xxxx] E-mail: [ * ]

(e) The Alternate Technical Point of Contact (ATPOC) is responsible for TPOC responsibilities and functions in the event that the TPOC is unavailable due to leave, illness, or other official business.

The Alternate Technical Point of Contact (ATPOC) is:

Name: [ * ] Address:

[ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx]; FAX: (Area Code) xxx- [xxxx] E-mail: [ * ]

(f) The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract.

The Ombudsman is:

Name: Steve Lamb Address: NUWC Division Newport, Code 02 1176 Howell St Newport RI 02841-1708 Phone: (401) 832-8526 E-mail: stephen.a.lamb1@navy.mil

(g) The Contractor's point of contact for performance under this contract is:

Name: [ ** ] Title: [ ** ] Address:

[ **City, State, Zip ] Phone: [ **(Area Code) xxx- [xxxx]; FAX: (Area Code) xxx- [xxxx]] E-mail: [ ** ]

[ * ] To be completed at contract award [ ** ] To be provided by offeror with quotation

Section H - Special Contract Requirements

PERFORMANCE ON A NAVSEA SITE

CONTRACTOR REQUIREMENTS FOR PERFORMANCE ON A GOVERNMENT SITE (APR 2018)

(a) Control of Contractor Personnel

All persons engaged in work while on Government property shall be subject to search of their persons and vehicles at any time by the Government, and shall report any known or suspected security violations to the Security Department of the contracting activity. Assignment, transfer, and reassignment of contractor personnel shall be at the discretion of the contractor. However, the contractor shall remove from contract performance any person who endangers life, property, or national security through improper conduct. Such removal shall not relieve the contractor from meeting its contractual obligations and shall not be considered an excusable delay as defined in FAR 52.249-14.

(b) Contract Personnel Administration

The contractor is responsible for managing its employees and guarding against any actions that are of the nature of personal services or give the perception that personal services are being provided. If the contractor feels that any actions constitute, or are perceived to constitute personal services, it is the contractor's responsibility to notify the PCO immediately in accordance with the clause FAR 52.243-7. When on-site in Government office spaces, laboratories, test facilities, or ship assets, Contractor employees shall be clearly identified as a Contractor (e.g.

utilizing Common Access Cards (CACs) and sign identifications in office spaces). In addition, Contractor employees shall identify themselves as Contractor personnel when answering telephones and sending emails.

Contractor personnel cannot lead/manage/supervise Government personnel. Contractor program /project managers/Senior Technical Representative (STR) shall be clearly identified and known as such by Government employees. As circumstances permit, periodic meetings shall be conducted between the Government and the Contractor organization program manager/project manager.

(c) Early Dismissal and Closure of Government Facilities

When a Government facility is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal and during periods of inclement weather, onsite contractors should monitor radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site contractors shall continue working established work hours or take leave in accordance with parent company policy. Those contractor employees who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their accounting standards, and company policy. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary.

The Contracting Officer will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy.

(d) Training Requirements

The contractor shall ensure that each contractor employee performing work at any NUWC Division Newport site take the following actions:

Read the documents titled “Occupational Safety and Health Information for Contractors” and “NUWC Division Newport Environmental Policy,” available at the following website, prior to performing any work:

http://www.navsea.navy.mil/Home/WarfareCenters/NUWCNewport/ContactUs/VisitorInformation.aspx

Complete Environmental Awareness training, available at the following website, within 30 days of commencing performance:

http://www.navsea.navy.mil/Home/WarfareCenters/NUWCNewport/ContactUs/VisitorInformation.aspx

The contractor shall email NWPT.NUWC_NPT_1023_Training@navy.mil address indicating completion of both items above.

(e) Safety Requirements

(1) Prior to commencing any work that falls under the following areas, the contractor shall provide a complete listing of all qualified and trained employees who will perform the work on company letterhead to the Technical Point of Contact (TPOC), or, if no TPOC is assigned, to the NUWC Division Newport Safety Office:

(A) Permit required Confined Space Program

(B) Control of Hazardous Energy (Lock out / Tag out)

(C) Respiratory Protection

(D) Walking-Working Surfaces, Fall Protection Program, and Scaffolding

(2) The contractor shall follow the posted provisions of the building’s Emergency Action Plan (EAP) for any mishap, incident, or emergency situation.

(3) The contractor shall report unsafe work conditions, safety hazards, and any mishaps (injury/property damage) to their supervisor, the NUWC Technical Point of Contact, and the NUWC Division Newport Safety Office.

End of clause

Section I - Contract Clauses

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

OCT 2020

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

AUG 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 (Dev) Performance and Payment Bonds-Construction. (Deviation

2020-O0016)

JUN 2020

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.243-5 Changes and Changed Conditions APR 1984 52.246-21 Warranty of Construction MAR 1994 52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-14 Excusable Delays APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

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

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019

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

ITEMS) (FEB 2021)

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

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

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

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

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

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

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

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

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

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

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

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

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

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

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

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

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

(viii) 52.244-6, Subcontracts for Commercial Items (NOV 2020).

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

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

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

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

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

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

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

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

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

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

(viii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

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

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition--

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

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.navfac.navy.mil/products_and_services/sb/opportunities/guidelines/navfac.html

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.