Solicitation_N4523A21Q5731_Service-OWTS Tank Repairs_FINAL.pdf

REQUEST FOR QUOTE (RFQ)

Firm Fixed Price Purchase Order

N4523A21Q5731

Service-OWTS Tank Repairs

QUOTE DEADLINE

1:00PM Pacific Standard Time (PST)

Monday, September 13, 2021

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 and Federal Acquisitions Regulation (FAR) part 12 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The North American Industry Classification System (NAICS) code for this work is 238990- All Other Specialty

Trade Contractor, with a Business Size Standard of $16,500,000. This NAICS is for All Other Specialty Trade

Contractors. The Product Service Code Class is J045- Maintenance, Repair, and Rebuilding of equipment: Plumbing, Heating, and Waste Disposal Equipment

Any purchase order resulting from this RFQ will be made based on the evaluation criteria outlined below in FAR

Provision 52.212-2 (Evaluation--Commercial Items (Oct 2014)).

Period of Performance: Ninety (90) days from date of award. To begin on or around September 23, 2021

Place of Performance: Puget Sound Naval Shipyard, 1400 Farragut Ave, Bremerton WA 98314, Dry-dock 4

Please submit quote to: Melissa Ayers via email at melissa.ayers@navy.mil and George Rutt at george.rutt@navy.mil. All questions can be sent to the above emails.

Offerors shall complete the line item pricing structure below in addition to any provided quote material in company format. The contract price includes all applicable Federal, state, and local taxes and duties.

Special attention shall be paid to Provision FAR 52.212-2 by the Contractor. In order to be considered Technically

Acceptable for award, the Offeror must meet all technical critera submittals!

This solicitation document and incorporated provisions and clauses are those in effect through federal acquisition circular (FAC) 2021-06, effective 7-12-2021.

Permits and Licenses: Unless otherwise specified in this contract, the contractor shall obtain any necessary licenses and permits, give all notices, and comply with any applicable Federal, State, County, and municipal laws, codes, and regulations in connection with this requirement.

**NOTE: To be considered eligible for award the Prospective Offeror also must complete Exhibit A and submit it with their quotation.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

2 Each

SERVICE-OWTS TANK REPAIR

FFP

Repair two (2) 20,000-gallon oily water treatment system (OWTS) tanks at Puget

Sound Naval Shipyard, Plant 4, DD-4. Tanks 4a and 4b are vertical, cylindrical, aboveground, double-walled wastewater storage tanks.

Perform required repairs IAW all applicable regulation/instructions. See PWS for details.

FOB: Destination

MILSTRIP: N4523A21RC01X81

PURCHASE REQUEST NUMBER: N4523A21RC01X810

PSC CD: J045

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Package NSP

CDRL Package

FFP

CONTRACT DATA REQUIREMENT LIST (CDRL); Exhibit B; Not separately priced (NSP)

Not Separately Priced

NET AMT

Section Descriptions and Specification

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

N4523A21Q5731

Service - Oily Water Treatment System Tank Repairs

1. General: This is a contract to repair two 20,000-gallon oily wastewater storage tanks (Tanks 4A and 4B) at the

Oily Water Treatment System (OWTS), Plant 4 located at the Puget Sound Naval Shipyard.

1.1 Description of Services: The contractor shall repair OWTS tanks 4A and 4B as defined in this Performance

Work Statement (PWS).

1.2 Background: Puget Sound Naval Shipyard (PSNS) has six OWTS plants. Two of the 20,000-gallon vertical, cylindrical, aboveground, double-walled wastewater storage tanks have developed holes, pits, and leaks in the primary tanks. Tanks 4A and 4B service OWTS Plant 4 and are located at Dry-dock 4. The holes, pits, and leaks have developed in the tanks due to excessive corrosion. The corrosion is evident by multiple holes, pits, and leaks on the tank walls and floor, separation of the stainless steel sensor guide wires from the carbon steel floor anchors, and damage to components located inside the tanks such as the high-level alarm and the emergency shut-off valve system. The tank repairs shall meet American Petroleum Institute (API), Steel Tank Institute (STI), Underwriters

Laboratories Inc. (UL), and National Fire Protection Association (NFPA) standards. The tank coating shall meet

National Association of Corrosion Engineers (NACE) certification standards.

1.3 Objective: Objectives of this contract is to repair OWTS tanks 4A and 4B and to return the tanks to a fully functional and operational condition. Contractors shall perform all work meeting industry standards and all requirements of this contract. See reference documents in Section 2.1. Referenced Documents for technical, legal, and regulatory requirements.

1.4 Period of Performance: The period of performance for this contract is 90 days after the contract is awarded. To begin on or around 23 September 2021.

1.5 Place of Performance: Puget Sound Naval Shipyard, 1400 Farragut Ave, Bremerton WA, Dry-dock 4

1.6 Scope: The contractor shall furnish all supplies, materials, equipment, facilities, and services required to complete all repairs and services on OWTS tanks 4A and 4B that are not listed under section 1.6.5 of this PWS as government provided.

1.6.1. Complete all pre-work documents prior to Notice to Proceed.

1.6.1.1. Quality Control Plan (QCP)

1.6.1.1.1. Develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS.

1.6.1.1.2. Develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

1.6.1.1.3. Provide a QCP for the Post Award Conference for review/edits before finalization.

1.6.1.2. Post Award Conference/Periodic Progress Meetings

1.6.1.2.1. Attend the post award conference either in person or by teleconference convened by the contracting activity or contract administration office in accordance with

Federal Acquisition Regulation (FAR) Subpart 42.5.

1.6.1.2.2. Attend all progress meetings with the Contracting Officer (KO), Contracting

Officers Representative (COR), and other Government Personnel, as appropriate, to review the contractor’s performance at no additional cost to the Government.

1.6.1.2.3. Appraise the Government of problems, if any are experienced during the progress meetings.

1.6.1.2.4. Perform appropriate actions if/when outstanding issues occur.

1.6.2. Clean and prepare tanks for weld repairs.

1.6.2.1. Tanks shall have all rust/pitting removed from the primary tank. Tanks must be cleaned to a standard that will allow all the remaining contract actions to be performed.

1.6.3. Completed tanks meet all PWS standards.

1.6.3.1. Primary tank welded to PWS standards.

1.6.3.1.1. Welded tanks shall have no remaining holes, pits, or leaks.

1.6.3.1.2. Contractor shall maintain appropriate certifications to perform repairs on Steel

Tank Institute (STI) certified tanks throughout the performance period.

1.6.3.2. Tanks complete with cathodic protection installation.

1.6.3.3. Completed tanks shall pass the pneumatic pressure test.

1.6.3.4. Tanks with completed repairs must pass a STI inspection and meet all STI certification requirements for aboveground storage tanks for flammable liquid storage.

1.6.3.5. Tank lining system installed.

1.6.3.5.1. The Contractor shall clean the tank to the appropriate cleanliness level required to prepare the primary tank surfaces and tank bottom for lining and surface finishing.

1.6.3.5.2. The Contractor shall apply new tank lining system. The tank lining system must meet all industry standards and certification requirements for aboveground storage tanks for flammable and combustible liquid storage.

1.6.3.5.3. Contractors shall maintain appropriate certifications to meet the National

Association of Corrosion Engineers (NACE) certification requirements for installation of aboveground storage tank lining/coating for flammable liquid storage throughout the performance period.

1.6.3.5.4. Using a STI/NACE certified inspector, the Contractor shall have the newly installed tank lining inspected.

1.6.4. Contractor provided equipment.

1.6.4.1. Contractors shall purchase and install new stainless steel guide cables.

1.6.4.1.1. Contractors shall follow manufacturer’s instructions for installation of the stainless steel guide cables.

1.6.4.1.2. Contractors shall provide the Operation and Maintenance manuals from the manufactures as a deliverable.

1.6.5. Government furnished equipment.

1.6.5.1. The Government will provide the Contractors with new high-level sensors and control floats for the emergency shut-off valves.

1.6.5.1.1. Contractors shall install the provided new high-level sensor and control floats for the emergency shut-off valves.

1.6.5.1.2. Contractors shall follow manufacturer’s instruction for installation of the equipment.

1.6.5.1.3. Contractors shall perform an operation test to ensure proper operation.

1.7 Recognized Holidays:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence Day

1.8 Hours of Operation: The Contractor is responsible for conducting business between the hours of 0720 to 1602

Monday thru Friday, except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Shipyard will be closed from 24 December 2021 through 2 January 2022.

1.9 Special Qualifications: The Contractor is responsible for ensuring the following.

1.9.1. All painters possess and maintain certifications to perform industrial painting work.

1.9.2. All welders possess and maintain certifications to weld on STI certified tanks.

1.9.3. The Contractor shall provide one independent STI Certified Inspector to evaluate the tank and certify it as STI certified, upon completion of the pneumatic test.

1.9.4. The Contractor shall provide one independent NACE/STI qualified independent Inspector to evaluate the applied tank lining and certify the tank lining as acceptable per NACE standards.

1.10 Facilities: The Government will provide equipment laydown space near the tanks.

1.11 Utilities: The Government will provide compressed air at 80-90 PSI and electricity at 120 volts. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning equipment. The Contractors shall be responsible for any costs incurred in connecting, converting, and transferring the utilities to the work.

2. Referenced Documents:

2.1. Washington Administrative Code (WAC) WAC-173-303 Washington Dangerous Waste Regulations.

2.2. Washington Administrative Code (WAC) WAC-173-60 Maximum Environmental Noise Levels.

2.3. Washington Administrative Code (WAC) WAC-173-304 Minimum Functional Standards for Solid

Waste Handling.

2.4. Military Standards MIL-STD-2035 Nondestructive testing acceptance criteria.

2.5. UFC 3-430-07 Operations and Maintenance: Inspection and Certification of Boilers and Unfired

Pressure Vessels.

2.6. Attachment 1 Site Specific Requirements for Puget Sound Naval Shipyard & Intermediate

Maintenance Facility, Bremerton Site and Naval Base Kitsap.

2.7. Attachment 2 Contractors Guide to Environmental and safety Compliance, Puget Sound Naval

Shipyard & Intermediate Maintenance Facility Bremerton, Washington.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Requirement PWS

Paragraph

Performance

Standards

Allowable

Deviation

Surveillance

Method

Correction

Procedure

Complete

Pre-Work

Documents

Prior to Notice-to-

Proceed

1.6.1 Contractor shall

provide a QCP for the

Post Award Conference for either in person of teleconference reviews/edits

Contractor shall not deviate from the requirement

Contracting

Officer, COR, Contract

Specialist, and other applicable

Government personnel will review finalized copy of QCP submitted within one business day after Post Award

Conference

Failure to submit the

QCP by the deadline will result in a delay of Notice to Proceed, this will not be a basis for Period of

Performance

Extension

The Contractor shall open and clean the tank to the appropriate cleanliness level required to prepare the primary tank surfaces and tank bottom for weld repair.

1.6.2 The Contractor shall

follow the requirements of:

1) NFPA 30 Flammable and Combustible

Liquids Code

2) API Standard 2015, Requirement for Safe

Entry and Cleaning of

Petroleum Storage

Tanks.

3) API Recommended

Practice 2016, Guidelines and

Procedures for Entering and Cleaning Petroleum

Storage Tanks

Contractor shall not deviate from the standards.

COR will perform random inspections

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of

1% of the work item if delays exist.

Performance

Standards

Allowable

Deviation

Surveillance

Method

Correction

Procedure

The Contractor shall weld repair the primary tank pits and holes

1.6.3.1 The Contractor shall

1) API Standard 653, Tank Inspection, Repair, Alteration, and

Reconstruction

2) STI SP031, Standard for repair of Shop

Fabricated

Aboveground Tanks for

Storage of Flammable and Combustible

Liquids

Contractor shall not deviate from the requirements

COR will perform random inspections

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of shall install cathodic protection in the tank

1.6.3.2 The Contractor shall

1)API RP 651,

Cathodic Protection of

Aboveground

Petroleum Storage

Tanks

Contractor shall not deviate from this requirement

COR will perform random inspections

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of

Performance

Standards

Allowable

Deviation

Surveillance

Method

Correction

Procedure

The Contractor shall perform the pneumatic pressure test.

1.6.3.3 The Contractor shall

1) STI SP 031,

Standard of Repair of

Shop Fabricated

Aboveground Tanks for

Storage of Flammable and Combustible

Liquids

Contractor shall not deviate from the requirements

COR will perform random inspections

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of

Using a STI certified inspector, the

Contractor shall have the tank STI certified.

1.6.3.4 The Contractor shall

use a STI certified inspector to perform this task.

Contractor shall not deviate from this requirement

COR will perform final inspection on the STI certified tanks

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of

Performance

Standards

Allowable

Deviation

Surveillance

Method

Correction

Procedure

The Contractor shall clean the tank to the appropriate cleanliness level required to prepare the primary tank surfaces and tank bottom for lining and surface finishing.

1.6.3.5.1 The Contractor shall

1) The manufacturer’s requirements

2) API Recommended

Practices 652 Linings of Aboveground

Petroleum Storage

Tank Bottoms

Contractor shall not deviate from the requirements

COR will perform random inspections

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of shall install the new tank interior lining

1.6.3.5.2 The Contractor shall

follow the following requirements of:

1) API Recommended

Practices 652 Linings of Aboveground

Petroleum Storage

Tank Bottoms

2) NACE SP0178-

2007, Standard and

Practice Design, Fabrication, and

Surface Finish Practices for Tanks and Vessels to be lined for

Immersion Services.

Contractor shall not deviate from this requirement

COR will perform random inspections

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of

Performance

Standards

Allowable

Deviation

Surveillance

Method

Correction

Procedure

The Contractor shall purchase and install new stainless steel guide cables. The

Government will provide new high-level alarm sensors and float control for emergency shut-off valves. The

Contractor shall install new stainless high-level alarm sensors, and float controls for the emergency shut-off valve.

1.6.4

1.6.5

The Contractor shall

1) the manufacturer’s instructions for installation

Contractor shall not deviate from the requirements

COR will perform random inspections

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of

Using a NACE certified inspector, the

Contractor shall have the newly installed tank lining inspected

1.6.3.5.4 The Contractor shall

use the following for inspection:

1) A STI/NACE

certified inspector to perform this task.

Contractor shall not deviate from this requirement

COR will perform final inspection on

STI/NACE

certified tanks.

Government will not accept nonconforming services and will require corrections be made prior to acceptance. A delay from rework is not a basis for a Period of

Performance extension. No additional cost will be charged to the

Government for rework. The

Government will seek an equitable price reduction of

DELIVERBLE SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit to

Provide Gantt Chart

Schedule

Reports shall be submitted at Post

Award Conference for review and any revisions shall be submitted within 3 days after Post Award

Conference

Submit 1 original and 3 copies

The format shall be

3 hard copies and 1

CD copy in MS word

Submit the deliverable to Chris Cooper at

PSNS & IMF 1400

Farragut Ave

Bremerton, WA 98314.

Building 448, Mail

Stop 2001

POC Chris Cooper

Comprehensive QCP and all changes

Reports shall be submitted at Post

Award Conference and any revision shall be submitted within 3 days after Post Award

Conference

Submit 1 original and 3 copies

The format shall be

3 hard copies and 1

CD copy in MS word

Submit the deliverable to Chris Cooper at

PSNS & IMF 1400

Farragut Ave

Bremerton, WA 98314.

Building 448, Mail

Stop 2001

POC Chris Cooper

Certified STI

Inspector Reports

Reports shall be submitted within 3 days after inspection

Submit 1 original and 3 copies within

3 days after the inspection

The format shall be

3 hard copies and 1

CD copy in MS word

Submit the deliverable to Chris Cooper at

PSNS & IMF 1400

Farragut Ave

Bremerton, WA 98314.

Building 448, Mail

Stop 2001

POC Chris Cooper

Certified STI/NACE

Inspectors final reports

(i.e., Certification that the tank is STI/NACE certified

Reports shall be submitted within 3 days after the inspection

Submit 1 original and 3 copies within

3 days after the inspection

The format shall be

3 hard copies and 1

CD copy in MS word

Submit the deliverable to Chris Cooper at

PSNS & IMF 1400

Farragut Ave

Bremerton, WA 98314.

Building 448, Mail

Stop 2001

POC Chris Cooper

Completed ASTM

F718-07

Reports shall be submitted within 3 days after the inspection

Submit 1 original and 3 copies within

3 days after the inspection

The format shall be

3 hard copies and 1

CD copy in MS word

Submit the deliverable to Chris Cooper at

PSNS & IMF 1400

Farragut Ave

Bremerton, WA 98314.

Building 448, Mail

Stop 2001

POC Chris Cooper

3. Technical Exhibit List:

3.1. Table 1- Metal Bearing Oily Wastewater Contaminants and Concentrations.

Table 1: Metal Bearing Oily Wastewater Contaminants and Concentrations

Contaminants Concentration mg/L

Normal Recorded High

1. Total Suspended Solids (TSS) 400 1,440

2. Total Dissolved Solids (TDS) 12,480 16,620

3. Chemical Oxygen Demand (COD) 10,155 66,000

4. Total Organic Carbon (TOC) 2,310 19,040

5. Total Phosphorus 3.50 3.90

6. Biological Oxygen Demand (BOD) 3,300 >14,000

7. Oil and Grease (O & G) 146.0 12,900

8. Total Petroleum Hydrocarbon (TPH) 73.0 6,450

8. Phenols 0.19 5.40

9. Cu 1.42 1,230

10. Cd 0.02 0.61

11. Cl- 8,317 9,742

12. Ag 0.023 1.44

13. Ni 0.98 100.0

14. Mn 0.63 3.00

15. Pb 0.10 3.36

16. As .006 0.018

17. Ba 0.014 3.30

18. SO4

2- 918 1,290

19. Fe 10.7 46.0

20. Sulfide 8.80 10.0

21. Ca 130 172.5

22. Na 3,585 5,000

23. Zn 1.36 97.0

24. Total Toxic Organic (TTO)** 0.238 8.10

25. Ammonia 6.95 68.0

26. Chlorine 0.21 1.60

27. Surfactants -------- 0.807

INSPECTION AND ACCEPTANCE

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

DELIVERIES AND PERFORMANCE

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 23-SEP-2021 TO

23-DEC-2021

N/A PSNS & IMF

CHRIS COOPER

1400 FARRAGUT AVE

BREMERTON WA 98314

(360) 473-7227

N4523A

0002 POP 23-SEP-2021 TO

23-DEC-2021

N/A (SAME AS PREVIOUS LOCATION)

N4523A

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

DEC 2019

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (AUG 2020) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-1 Alt I Small Business Program Representations (MAR 2020)

Alternate I

SEP 2015

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

252.223-7008 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

252.232-7009 Mandatory Payment by Governmentwide Commercial

Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the

Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

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

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

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

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

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

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

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

Additional copies will be issued for a fee.

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

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

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

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

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

(DoDSSP) by--

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

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

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

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

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

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

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award

Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the

Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

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

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

The Government intends to award a single purchase order on the basis of the lowest priced, technically acceptable quote meeting or exceeding the acceptability standards for all the below listed technical and past performance factors. Each technical factor below has a submission requirement that must be included with the quote.

http://www.sam.gov/ http://www.sam.gov/

Technical Evaluation Factors

Evaluation Criteria Submission Requirement

Technical Factor 1- The prospective offeror must demonstrate specific experience providing tank repair of the complexity similar to or exceeding the scope identified in the Performance Work Statement (PWS) through a narrative of one (1) contracts within the last two (2) years.

The narrative portion of the Corporate Experience Data

Sheet has sufficient explanation how the referenced contract relates to the tank repair identified in the attached PWS.

Offerors are required to provide a completed Corporate

Experience Data Sheets (Exhibit C) on one (1) of the firm’s recently completed contracts (not to exceed two years older than date of solicitation) that demonstrate experience providing tank repair. The narrative portion of the data sheet must be clear, coherent, and prepared in sufficient detail for effective evaluation.

Altered or substituted data sheets may not be evaluated.

Technical Factor 2- The prospective offeror has provided current certificates identifying at least one (1) person certified in the following, as required for accomplishing the requirements of the statement of work:

1) STI certification

2) NACE certification

The offeror shall provide copies of current certifications for one or more people that satisfies each of the certifications listed in this technical factor.

Past Performance Evaluation Factor

Evaluation criteria Submission Requirements

Evidence of successful past performance that demonstrates performance relevant to tank repair projects similar to or exceeding the work required in the PWS.

Past performance information shall be obtained from established systems such as the Past Performance

Information Retrieval System (PPIRS), Federal

Awardee Performance and Integrity Information

System (FAPIIS), Electronic Subcontract Reporting

System (eSRS), or other databases. Past performance information may also be obtained from other sources available to the Government, such as the Defense

Contract Management Agency; and interviews with

Program Managers, Contracting Officers, Fee

Determining Officials.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305

(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

Offerors are not required to submit any additional documentation in support of this evaluation criterion.

(b) Options. If options are included in this solicitation, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 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)).

(2) 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).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

XX (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C.

657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

XX (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

XX (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (July 2014) of 52.222-36.

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

XX (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

XX (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31

U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(i)…