SOL N4008526R0021 - Reline Fire Water Storage Tank 558.pdf

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THIS SOLICITATION HAS BEEN SUSPENDED AS OF 6/1/2026 - Reline Fire Water Storage Tank 558
Solicitation number
N4008526R0021
Issued by

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This is a Request for Proposal (RFP) for construction services to reline Fire Water Storage Tank 558 at Naval Weapons Station Earle in Colts Neck, New Jersey. The work involves removing all interior and exterior paint using media blasting with full containment, treating pitting through welding and epoxy seam sealing, preparing surfaces, and applying a new three-coat paint system. The contract is a 100% small business set-aside with a Lowest Price Technically Acceptable (LPTA) source selection methodology. The solicitation number is N4008526R0021, issued on March 20, 2026, with proposals due April 7, 2026 at 11:00 AM EST. The project magnitude is between $1,000,000 and $5,000,000, with a 120-calendar-day performance period from issuance of Notice to Proceed and liquidated damages of $857.72 per day for delays.

Contractors must submit a firm fixed-price bid with supporting documentation including signed SF 1442 forms, evidence of SAM registration, current FAPIIS information, and one to two relevant past contract examples demonstrating at least $1,000,000 in value with similar scope involving water storage tank painting, media blasting, hazardous waste disposal, and cathodic protection familiarity. A bid guarantee of 20 percent of the bid price is required, and performance and payment bonds are mandated within 10 days of award. Contractors must conduct a site visit on April 7, 2026, register attendees by April 3, 2026, comply with military base access requirements including valid Real ID, and submit requests for information no later than April 14, 2026. Davis-Bacon wages apply (WD #NJ20260058 and NJ20260001), and contractors must carry minimum insurance including $500,000 comprehensive general liability, $200,000/$500,000 automobile liability, and workers' compensation coverage.

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(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

Reline Fire Water Storage Tank 558

Defense Priorities Allocation System (DPAS) Priority Rating: DO-C2 Date: 20 Mar 2026

N4008526R0021

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Reline Fire Water Storage Tank 558:- The Contractor will be removing all paint from the interior and exterior of Tank 558 using media blasting with full containment. After blasting the exposed steel surfaces shall have a surface profile that is appropriate for the specific primer coat and coating system in accordance with the coating manufacturer's directions. - Prepare the Water Storage Tank for a new three (3) coat paint system on the interior and exterior surfaces of the Tank, and re-paint the interior and exterior of the Tank in accordance with the contract specifications. The repainting includes all items on the exteriorof Tank 558 that have been previously painted. - The contractor will treat all paint and abrasive blast material used to remove paint from Tank 558 as Hazardous Waste when being removed and disposed. - Pit Welding and Pit Filling (interior surfaces): After initial cleaning, all pitting which is found to be at least 1/4 of the thickness of the steel should be welded, and all pitting with rough edges that would make the pitting difficult to coat properly should be filled with a solventless epoxy seam sealer. - The work is located on Naval Weapons Station Earle, Mainside, Colts Neck, N.J. - See all Contract Drawings and Specifications for description of the work.

Pricing Arrangement: Firm Fixed Price

1 Project

Section 00 21 00 - Instructions

Site Visit Information:

One (1) Site Visit is scheduled for Tuesday, 7 April 2026 at 1000 hours EST.

Contractor will meet Gov. Representative at the Mainside Visitor Control Center parking lot on Tuesday, April 7th at 1000 EST hours sharp.

Do NOT go directly to the project site. All attendees will be escorted in a van provided by the Government: GPS: 201 Highway 34-S, Colts Neck, NJ.

All interested Contractors must send a list of attendees NLT 1000 EST, Friday, April 3rd so that adequate transportation can be arranged to:

Supervisory Engineering Tech., Alex House ( )alex.w.house.civ@us.navy.mil

Notice to Contractors:

Effective 7 May 2025, Standards for Military Base Access for all Contractors, Subcontractors, and delivery drivers MUST:

- Present a valid Real ID qualifying driver's license or US passport/passport card

- Provide a copy of proof of permanent residence (aka Green Card) where applicable

- Be able to pass a criminal history background check

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991 52.215-1 Instructions to Offerors-Competitive Acquisition. (Deviation) Feb 2026 52.233-2 Service of Protest. (Deviation) Feb 2026

FAR Clauses Incorporated by Full Text

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use.

(Apr 2008)

NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation. [ .]Contracting Officer check appropriate box

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/browse/index/far

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

NMCARS: https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

(End of provision)

N4008526R0021 mailto:alex.w.house.civ@us.navy.mil https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

Section 00 21 16 - Instructions to Proposers

SOLICITATION INFORMATION

1. This Request for Proposal (RFP) is being solicited in accordance with the Federal Acquisition Regulations (FAR) Part 19.502-2 Total Small Business Set-Asides and the Partnership Agreement between the Department of Defense and the U.S. Small Business Administration. Competition under the FAR part 6.2 - Full and Open Competition After Exclusion of Sources - this Requirement has been 100% Set-Aside for Small Business

.Concerns

2. The purpose of the Request for Proposal (RFP) is to procure construction services to Reline the Fire Water Tank at Building 558 in the , in support of Naval Weapons Station (NWS) Earle. Services are to be performed at Colts Neck and Leonardo, New Jersey.Ordnance Area

3. Special clauses and requirements, including wages, work hours, safety and security regulations, etc. for this specific site/location of the work shall be defined herein and be repeated in any resultant contract.

4. In accordance with FAR 36.204, the of this project is between $1,000,000 and $5,000,000.magnitude

5. The Period of Performance for this requirement is from date of issuance of Notice to Proceed.120 calendar days

6. There are for this requirement: $857.72 per calendar day.Liquidated Damages

7. Bid must be valid for at least 60 days. Bid guarantee is a submittal requirement.

See section 00 43 00 Bid Bond Form for more information.

8. See Section 00 22 16 - Supplemental Instruction to Proposers for "Basis for Award" to comply with Solicitation Submittal Requirements and Evaluation Factors.

9. One (1) Site Visit is scheduled for Tuesday, 7 April 2026 at 1000 hours EST.

Contractor will meet Gov. Representative at the Mainside Visitor Control Center parking lot on Tuesday, April 7th at 1000 EST hours sharp.

Do NOT go directly to the project site. All attendees will be escorted in a van provided by the Government: GPS: 201 Highway 34-S, Colts Neck, NJ.

All interested Contractors must send a list of attendees NLT 1000 EST, Friday, April 3rd so that adequate transportation can be arranged to:

Supervisory Engineering Tech., Alex House ( )alex.w.house.civ@us.navy.mil

Notice to Contractors:

Effective 7 May 2025, Standards for Military Base Access for all Contractors, Subcontractors, and delivery drivers MUST:

- Present a valid Real ID qualifying driver's license or US passport/passport card

- Provide a copy of proof of permanent residence (aka Green Card) where applicable

- Pass a criminal history background check

11. Attached to this Request for Proposal and subsequent Contract are the following:

(1) 558 RELINE TANK SPECS

(2) 558 RELINE TANK DWGS signed

(3) EXWC REPORT 558 TANK Colts Neck NJ

(4) Att1 Pumping_Services_36142_Earle_R1

12. Request for Information (RFI) and Proposal Submission Information:

, any RFIs received after this date & time will not be accepted.All RFIs are due no later than 14 April 2026 at 1100 EST

- RFIs shall be e-mailed to the POC listed in Block 7:only

- TO: Jessica Mercurio at jessica.a.mercurio.civ@us.navy.mil.

N4008526R0021 mailto:alex.w.house.civ@us.navy.mil mailto:jessica.a.mercurio.civ@us.navy.mil

- Proposals shall be e-mailed to the POC listed in Block 7 and Block 31a:only

- TO: Jessica Mercurio at jessica.a.mercurio.civ@us.navy.mil;

- CC: Joseph Henrius at joseph.p.henrius.civ@us.navy.mil.

See Section 00 22 16 - Supplementary Instructions to Proposers for detailed submittal requirements.

Proposal is due no later than 1100 EST on the date specified in Block 13 of this document:

7 April 2026 NLT 1100 EST.

Quotes/Proposals may NOT be mailed or faxed at this time. DoD-SAFE is an acceptable government tool for submitting proposal attachments. You may request a Drop-Off Link NLT 1000 on the due date in Block 13 via Jessica Mercurio at jessica.a.mercurio.civ@us.

navy.mil.

13. Contractors may experience delays at the gates when entering and/or exiting the installation. The Government shall not compensate for any such delays. All vehicles are subject to search upon entry, exit and while on the installation. Refusal to comply with a DoD police request to search a vehicle will result in denial of access to the installation and may result in criminal prosecution.

14. Davis-Bacon Wages NJ20260058, dated 01/02/2026 has been incorporated in this RFP. Davis-Bacon Wages NJ20260001, dated 01/30/2026 has been incorporated in this RFP.

15. This solicitation and the resulting contract is subject to Federal Acquisition Regulations (FAR) Subpart 42.15 Contractor Performance Information.

42.1501 General.

(a) Past performance information (including the ratings and supporting narratives) is relevant information, for future source selection purposes, regarding a contractor's actions under previously awarded contracts or orders. It includes, for example, the contractor's record of-

(1) Conforming to requirements and to standards of good workmanship;

(2) Forecasting and controlling costs;

(3) Adherence to schedules, including the administrative aspects of performance;

(4) Reasonable and cooperative behavior and commitment to customer satisfaction;

(5) Complying with the requirements of the small business subcontracting plan (see 19.705-7(b));

(6) Reporting into databases (see subpart 4.14, and reporting requirements in the solicitation provisions and clauses referenced in 9.104-7);

(7) Integrity and business ethics; and

(8) Business-like concern for the interest of the customer.

(b) Agencies shall monitor their compliance with the past performance evaluation requirements (see 42.1502), and use the Contractor Performance Assessment Reporting System (CPARS) metric tools to measure the quality and timely reporting of past performance information. CPARS is the official source for past performance information.

16. All terms and conditions from this solicitation shall be included in the contract award by reference.

mailto:jessica.a.mercurio.civ@us.navy.mil mailto:joseph.p.henrius.civ@us.navy.mil

Section 00 22 16 - Supplementary Instructions to Proposers

CONTRACT LINE ITEM INSTRUCTION

Bidders shall enter lump sum prices for Contract Line Item Numbers (CLIN) on the bidding item furnished on this Standard Form 1442 (Solicitation, offer and Award).

CLIN 0001, Reline Fire Water Storage Tank 558: shall be the entire work complete in accordance with (IAW) the drawings and specifications enclosed herein.

BASIS FOR AWARD

-The Government reserves the right to award a contract based on the offers received, and may, at its discretion, decline to award any contract.

The primary criterion for award will be the selection of the offeror proposing the lowest evaluated price that is deemed technically acceptable.

-The Government intends to conduct the selection process based on initial proposals without engaging in discussions with offerors, except for limited clarifications as permitted under FAR 15.306(a). However, the Government retains the option to conduct discussions should the Contracting Officer subsequently determine that they are necessary to facilitate a sound and judicious selection.

-The Lowest Price Technically Acceptable (LPTA) source selection process is deemed appropriate for this acquisition, as it is anticipated to yield the optimal value proposition through the selection of a technically compliant proposal at the lowest achievable price. To promote efficient competition, proposals will be initially ranked according to price. The Government will endeavor to award a contract to the offeror submitting the lowest-priced, technically acceptable proposal. Should the lowest-priced proposal be found technically unacceptable, the Government may, at its sole discretion, expand the scope of review to include additional proposals until a technically acceptable proposal is identified.

BASIS FOR EVALUATION

The evaluation will encompass an assessment of price, corporate experience, and past performance.

EVALUATION FACTOR DESCRIPTIONS/CRITERIA

1. Price

Submittal Requirements:

Submit one (1) electronic copy of the proposal, designated as "original," via email to both Jessica Mercurio (jessica.a.mercurio.

civ@us.navy.mil ) and Joseph Henrius (joseph.p.henrius.civ@us.navy.mil ).

The proposal shall include the following components:

-A cover page providing the Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, Unique Entity ID (UEI), Commercial and Government Entity (CAGE) Code, and the Point of Contact (POC) with associated contact information.

-Signed Solicitation, Offer, and Award Forms (SF 1442), with explicit acknowledgement of all issued amendments.

-Completed Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule. This schedule shall include the lump sum of cost elements (e.g., direct labor hours, material costs, etc.).all

-The Unique Entity ID (UEI) and Commercial and Government Entity (CAGE) code for all members of the offeror's team (e.g., partnerships, joint ventures, teaming arrangements, or parent company/subsidiary/affiliate relationships, as applicable).

-Evidence of current registration within the System for Award Management (SAM), accessible at www.sam.gov, affirming that all annual representations and certifications have been completed and updated.

-Verification that the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete, as mandated by FAR 52.209-7, Information Regarding Responsibility Matters. Offerors should strive for a Contractor Performance Assessment Reporting System (CPARS) rating exceeding "marginal."

-If applicable, confirmation of Veterans' Employment and Training (VETS-4212) reporting for the 2023 filing cycle.

Offerors shall ensure that a current VETS-4212 report has been submitted to the Department of Labor (DOL) website ( http://www.dol.gov/vets/vets4212.htm). An email confirmation of submission may be requested from the DOL website and included in the proposal. Offerors exempt from VETS-4212 reporting shall provide a concise statement and justification for the exemption.

Evaluation:

N4008526R0021 mailto:jessica.a.mercurio.civ@us.navy.mil%20 mailto:jessica.a.mercurio.civ@us.navy.mil%20 mailto:joseph.p.henrius.civ@us.navy.mil

The Government will evaluate price based on the total proposed price, employing techniques to ensure fairness and reasonableness.

The evaluation will encompass:

-Comparison of proposed prices received in response to the Request for Proposal (RFP).

-Comparison of proposed prices against the Independent Government Cost Estimate (IGCE).

Proposals will be evaluated for completeness and reasonableness. Pricing must be complete, mathematically accurate, and reflect a comprehensive understanding of the pricing application. Failure to provide pricing for any item may render the proposal unacceptable. Offered prices must be reasonable, balanced, and complete to be deemed acceptable under FAR 15.404-1(b)(2)(i).

2. Corporate Experience

Submittal Requirements:

Provide one (1) to two (2) examples of relevant contracts demonstrating prime contractor experience analogous in size and scope /complexity to the requirements delineated herein.

A relevant contract is further defined as one meeting the following criteria:

-Size: A contract valued at a minimum of $1,000,000.00 and classified under a similar North American Industry Classification System (NAICS) code.

-Scope/Complexity: Demonstrable experience in the provision of labor, management, supervision, tools, materials, equipment, and other resources necessary for:

Work that includes painting/repainting water storage tanks or alternate utility storage tanks, use of media blasting or similar methods, water tank drainage, familiarity with cathodic protection systems, disposal of hazardous waste, including operating in classified (hazardous) environments.

For each submitted contract, a clear description of the scope of work performed and its relevance to the specified requirements of this RFP, in terms of both size and scope/complexity, is required.

If leveraging the prime contractor experience of a corporate affiliate, include a teaming agreement or a letter of commitment executed by the affiliate, clearly demonstrating the affiliate's substantive involvement in the performance of the contract.

Evaluation:

-The Government will assess the Offeror's corporate experience to evaluate its capability to successfully meet the requirements of this RFP.

-The minimum standard for this factor will be met when the Offeror demonstrates adequate experience by submitting at least one relevant contract of similar size and scope/complexity.

-Any Offeror failing to meet this minimum standard will receive a rating of "UNACCEPTABLE" and will be ineligible for award.

3. Past Performance

Submittal Requirements:

For the contracts submitted under Factor 2, Corporate Experience:

-The Offeror must not have an "unsatisfactory" rating in any category within the past three (3) years.

-If CPARS evaluations are unavailable, the Offeror will be deemed "ACCEPTABLE".

Offerors are encouraged to provide information regarding any problems encountered and corrective actions taken on contracts submitted under Corporate Experience. Such explanations shall not exceed two (2) double-sided pages.

Evaluation:

This evaluation will focus on the quality of performance on relevant contracts submitted under Corporate Experience, and past performance information from other known sources.

-The Government will assess the Offeror's performance history, considering the currency, relevance, and source of the information, as well as any discernable performance trends.

-In the absence of relevant past performance data, the Offeror will receive a neutral rating, which, for the purpose of determining acceptability, will be considered "Acceptable."

Section 00 43 00 - Bid Bond Form

BID GUARANTEE INFORMATION:

Each bid must be accompanied by a bid guarantee in the amount of 20% (percent) of the bid price. The bid guarantee may be in the form of a bid bond, a certified check, or an irrevocable letter of credit made payable to the Naval Facilities Engineering Systems Command Mid-Atlantic. The bid guarantee must be executed on a standard form, if applicable, or in a format acceptable to the Contracting Officer. The bid guarantee must be received by the Government no later than the bid submission deadline. Failure to submit a sufficient bid guarantee may result in rejection of the bid.

The bid guarantee will be forfeited if the successful bidder fails to execute the contract or fails to furnish required performance and payment bonds within the time specified in the solicitation.

See reference to U.S. General Services Administration (GSA) Form # SF 24 Bid Bond:

https://www.gsa.gov/reference/forms/bid-bond

N4008526R0021 https://www.gsa.gov/reference/forms/bid-bond

Section 00 45 00 - Representations and Certifications

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

Sep 2024

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

Jun 2023

FAR Clauses Incorporated by Full Text

52.203-2 Certificate of Independent Price Determination. (Apr 1985)

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)

Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not (i) participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision [insert full name of person(s) in the offeror's organization ____ responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.209-7 Information Regarding Responsibility Matters. (Deviation) (Feb 2026)

INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2026) (DEVIATION)

(a) . As used in this provision-Definitions

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( , e.g.

Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity ( , general manager; plant manager; head of a division or business segment; and similar positions).e.g.

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-13 Violation of Arms Control Treaties or Agreements-Certification. (Deviation) (Feb 2026)

VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (FEB 2026) (DEVIATION)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) . [ ]Certification Offeror shall check either (1) or (2).

The Offeror certifies that-(1)

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices /under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.(2)

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation.

However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless-

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) . The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when Remedies making award. If the Government later determines that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Jun 2020)

TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN 2020)

(a) . As used in this provision-Definitions

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.

5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It is is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [ ] from the excise tax.Offeror must select one

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

DFARS Clauses Incorporated by Full Text

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

(May 2021)

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense 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."

(a) . "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or Definitions essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from Prohibition procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) . The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at for Procedures https://www.sam.gov entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) . If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at Representation 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) . If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications Disclosures equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

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

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

(End of provision)

Section 00 70 00 - Conditions of the Contract

REQUIRED INSURANCE

a. The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage.

(1) Comprehensive General Liability: $500,000 per occurrence.

(2) Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.

(3) Workmen's Compensation: As required by Federal and State of New Jersey workers compensation and occupational disease statutes.

(4) Employer's Liability Coverage: $100,000 except in states where worker's compensation may not be written by private carriers.

(5) Other as required by New Jersey State law.

b. Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by laws of the state in which this contract is to be performed, and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substance of this clause, including this paragraph (c), in all subcontracts hereunder.

Cancellation Language. The cancellation language must state, "in the event of cancellation or any material change in policies adversely affecting the interest of the Government in such insurance, the cancellation or change shall not be effective until 30 days after written notice thereto the contracting Officer." Wording such as "will endeavor to mail notice" or "failure to mail such notice shall impose no obligation or liability" does not comply with the contract requirements and therefore are not acceptable.

Umbrella Form. Excess liability under the umbrella form must detail the coverage explicitly.

Since the umbrella is excess liability coverage, the contracting officer must know what the excess coverage consists of. The contractor should provide a breakdown of the umbrella policy. The contractor shall contact the insurance company and request they provide the information on the breakdown.

Auto liability. If a combined single limit (CSL) is provided in lieu of the required breakdown ($200,000 per person, $500,000 per occurrence or $20,000 for occurrence for property damage), be sure the CSL amount is sufficient. For example, a CSL of $500,000 is insufficient since one accident involving three persons and property damage would require $520,000. However, if you have an umbrella policy which includes excess automobile coverage, the insurance would be sufficient.

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Acceptance and Inspection will be conducted in accordance with contract terms and conditions.

DoDAAC: N69213 CountryCode: USA

NAVAL WEAPONS STATION EARLE

201 HIGHWAY 34 SOUTH, COLTS NECK NJ 07722-5001

COLTS NECK, NJ 07722-5001

UNITED STATES

Darren Mueller, Project Manager Email: darren.j.mueller.civ@us.navy.mil Telephone: (732) 866-2031

Overall Contract Delivery Period

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance

120 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery On Or Before Delivery Date 28 Oct 2026

Period of Performance From 01 Jun 2026 To 01 Oct 2026

1 Project Place of Performance DoDAAC: N69213 CountryCode: USA

NAVAL WEAPONS STATION EARLE

201 HIGHWAY 34 SOUTH, COLTS NECK NJ 07722-5001

COLTS NECK, NJ 07722-5001

UNITED STATES

Darren Mueller, Project Engineer Email: darren.j.mueller.civ@us.navy.mil Telephone: (732) 866-2031

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

Jan 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-7 System for Award Management-Registration. (Deviation) Feb 2026 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation) Feb 2026 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation)

Feb 2026

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation) Feb 2026 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation) Feb 2026 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 52.215-2 Audit and Records-Negotiation. (Deviation) Feb 2026 52.215-8 Order of Precedence-Uniform Contract Format. (Deviation) Feb 2026 52.219-6 Notice of Total Small Business Set-Aside. (Deviation) Feb 2026 52.219-8 Utilization of Small Business Concerns. (Deviation) Feb 2026 52.219-33 Nonmanufacturer Rule. (Deviation) Feb 2026 52.222-3 Convict Labor.

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