W51AA1-24-Q-0111.pdf

SEE ADDENDUM

(No Collect Calls)

W51AA124Q0111 15-Jul-2024

b. TELEPHONE NUMBER

570-615-7569

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 18 Jul 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W51AA19. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NICOLE TOKASH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ACC-APG TOBYHANNA DIVISION (W51AA1)

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W25G1V 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SEE BELOW FOR SEPARATE SHIPPING INSTRUCT

XXX

XXX PA 00000

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$40,000,000

NAICS:

532490

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF30

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W51AA124Q0111

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO 52.212-1

Addendum to 52.212-1, Instruction to Offerors-Commercial Items & Services

Email quote along with supporting documentation to nicole.tokash.civ@army.mil by the date and time specified in the solicitation. Please reference the solicitation number “W51AA1-24-Q-0111” in the email. Email shall include a signed copy of the SF 1449 solicitation, pricing, delivery and all other Items listed above. Emails not including all of these items MAY not be accepted.

Emails not received by the date and time specified in the solicitation or not providing all of the required documentation, may not be considered for award. It is the responsibility of the Offeror to verify that the email, to include all attachments, was received by the date and time specified in the solicitation.

Only electronic proposals will be accepted. No hardcopy proposals will be accepted. Each proposal must be submitted electronically via email to the Contract Specialist, Nicole Tokash at nicole.tokash.civ@army.mil. The size per e-mail must not exceed 9MB. If necessary, offerors may submit multiple emails. If multiple emails are sent, emails must be marked 1 of 2, 2 of 2, etc. To be considered for award, the offeror's complete proposal, including all attachments, must be received in the email Inbox of the Contract Specialist identified in this solicitation before the closing date and time. If a complete proposal, including all attachments, does not appear in the email Inbox of the Contract Specialist identified in this solicitation before the closing date and time, then it is not received, and the offeror's entire proposal is late and will not be considered for award. If the offeror does not receive written confirmation of receipt from the Contract Specialist before the closing date and time, it is the responsibility of the offeror prior to closing of the solicitation to contact the Contract Specialist identified above to confirm their complete proposal has been received. The Government will not consider proposals that were delayed, or otherwise not timely delivered to the Contract Specialist's email Inbox because of an issue with the offeror's or the Government's service providers, to include email maintenance, firewall or delivery to any other email box (e.g.

junk). Therefore, offerors should anticipate delays in transmission and are advised to plan ahead and to begin transmitting their proposal in enough time to ensure successful delivery prior to the close of the solicitation.

Questions must be submitted 1 day prior to the close date of the solicitation. Responses to Questions received will be posted in the same manner as the solicitation.

Wage Rates can be found on the Service Contract Act side of www.SAM.gov.

Wage Rates for CLIN 0001-CLIN 0003: Determination No. 2015-4341 Rev. No. 26. Date of revision April 19, 2024.

PWS

PERFORMANCE WORK STATEMENT (PWS)

For Rolling Airframe Missile (RAM) Launcher and NATO Seasparrow Missile System (NSSMS) Launcher and Director

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide SCAFFOLDING. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Scaffolding company shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the setup of Scaffolding as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Scaffolding company shall perform to the standards in this contract.

1.2 Background:

1.) Request for Scaffolding and Containment to be erected on the Forward (FWD) Rolling Airframe Missile (RAM) Launcher and the Afterdeck (AFT) RAM Launcher for a period of time for maintenance to be performed on the USS Tripoli (LHA-7). Drawings attached.

2.) Request for Scaffolding to be erected on the Forward (FWD) Seasparrow Launcher and Director and the

Afterdeck (AFT) Seasparrow Launcher and Director for a period of time for maintenance to be performed on the USS Tripoli (LHA-7). Drawings attached.

3.) Request for Scaffolding to be erected on the Forward (FWD) Seasparrow Launcher and the Afterdeck (AFT) Seasparrow Director for a period of time for maintenance to be performed on the USS Essex (LHD- 2). Drawings attached.

1.3 Objectives:

SCAFFOLDING DISTANCE AND HEIGHT

a. A 3ft. to 5ft. distance needs to be maintained up to a 7 ft. height from the ground to give the team enough working space.

b. At 7 ft. there needs to be another level of scaffolding made for the workers to stand on in order to work on the higher parts of the asset. This second level must be a minimum of 1ft. to 2 ft. from the asset.

c. From the second level the roof would need to be a minimum of 7 ft. above this level for the team to be able to work on the second level. This would give a total height of 14 ft. from the ground to the top of the enclosure.

d. The same distances and heights need to be maintained on all the sides where possible.

e. Scaffolding must support 4 X working load.

f. The Scaffolding company shall provide a ladder and entryway into the scaffolding area.

g. The Scaffolding company shall ensure that guard rails and mid rails are installed around the perimeter of the working surface and ensure the Scaffolding meets all applicable standards.

SCAFFOLDING LOCATION / MATERIALS

a. East/West Coast Shipyards, Navy or private, any permits or clearances are the responsibility of the Scaffolding company.

b. The Scaffolding company shall get the proper clearances/security requirements to access Naval Base San Diego, 3455 Senn Drive, San Diego, CA 92136 on the USS Tripoli (LHA-7) and USS Essex (LHD-2).

c. The Scaffolding company shall provide a list of personnel and their qualifications for installation of scaffolding to the ship/shipyard, as needed, to determine who can gain access to the ship and shipyard.

d. The Scaffolding company shall notify the shipyard Tobyhanna Army Depot (TYAD) Team Lead or alternate Point of Contact (POC) of any issues at time of discovery.

e. Confined Space: The Government shall notify the Scaffolding company if any employees will be working in a confined space and whether a confined space permit is required. According to federal and state occupational safety and health laws the Government is responsible for providing any and all required confined space training for its employees.

f. Special Equipment: The Scaffolding company shall provide any specialized equipment including but not limited to special tools, lighting or protective equipment, as required for this project, prior to commencement of work on this project.

g. Modification: Any modification or relocation of scaffolding equipment and its components will be done by the Scaffolding company and is done solely at the risk of the Scaffolding company and shall be in compliance with and according to any and all federal and or state occupational safety and health laws, rules and regulations. In addition to applicable city, county or local codes. The equipment shall only be used for the purpose for which it was designed.

h. Hazardous Material: The Government will notify the Scaffolding company of any hazardous material including but not limited to asbestos, lead, arsenic, chemicals and flammable material prior to exposure.

1.4 Scope:

1.) The Scaffolding company will provide, erect, contain, dismantle and remove Scaffolding and Containment around the FWD RAM Launcher and AFT RAM Launcher for accessibility and to protect from the weather and to prevent damage to surrounding areas on the USS Tripoli (LHA-7). For containment the Scaffolding enclosures need to be wrapped in a heat shrunk plastic wrap or similar.

2.) The Scaffolding company will provide, erect, contain, dismantle and remove Scaffolding and containment around the FWD Seasparrow Launcher and Director and the AFT Seasparrow Launcher and Director for accessibility and to protect from the weather and prevent damage to surrounding areas on the USS Tripoli (LHA-7). For containment the Scaffolding enclosures need to be wrapped in a heat shrunk plastic wrap or similar.

3.) The Scaffolding company will provide, erect, contain, dismantle and remove Scaffolding and containment around the FWD Seasparrow Launcher and the AFT Seasparrow Director for accessibility and to protect from the weather and prevent damage to surrounding areas on the USS Essex (LHD-2).

For containment the Scaffolding enclosures need to be wrapped in a heat shrunk plastic wrap or similar.

1.5 Period of Performance:

1.) Erect the RAM Enclosures and Containment on 8/12/2024 and dismantle the RAM Enclosures and Containment on 9/9/2024 on the USS Tripoli (LHA-7).

2.) Erect the Seasparrow Enclosures and Containment on 8/5/2024 and dismantle the Seasparrow

Enclosures and Containment on 9/16/2024 on the USS Tripoli (LHA-7).

3.) Erect the Seasparrow Enclosures and Containment on 8/5/2024 and dismantle the Seasparrow Eenclosures and Containment on 9/16/2024 on the USS Essex (LHD-2).

1.6 General Information:

1.6.1 Quality Assurance:

Scaffolding must be erected, moved, and disassembled only under the direction of a competent person. The Scaffolding company is responsible for following any and all applicable federal and state occupational safety and health laws, rules and regulations and ordinances in addition to applicable city, county or local codes and specific rules with regard to a competent person and inspection requirements for scaffolding. The Scaffolding company will complete a daily inspection of the Scaffolding in compliance with all standards.

a. Training: The Government is responsible for providing any and all required training for its employees and any other user of the scaffolding equipment.

b. Lock out Tag out: According to federal and state occupational safety and health laws the Government is responsible for ensuring that all mechanical equipment, electrical circuits, or vessels containing chemicals or pressurized fluids that are located in the immediate vicinity of the work area are de-energized or rendered inoperative prior to work, and the proper tags and or locks are attached to all points where such equipment can be energized.

c. Accident Notification: Notification of any accident involving the equipment and or any accident causing injury, death or property damage that is related to or is alleged to be related to and or caused by the equipment in any way.

1.6.2 Recognized Holidays: Not required to perform service on holidays unless otherwise stated 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 Independence Day Christmas Day Independence Day

1.6.3 Hours of Operation: The Scaffolding company is responsible for conducting business, between the hours of 8:00 AM – 4:30 PM Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Scaffolding company will not be reimbursed when the government facility is closed for the above reasons. The Scaffolding company must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Scaffolding company shall keep in mind that the stability and continuity of the workforce are essential.

1.6.4 Place of Performance:

1.) The RAM work to be performed under this contract will be performed on the USS Tripoli (LHA-7) at Naval Base San Diego, 3455 Senn Drive, San Diego, CA 92136.

Tobyhanna Army Depot POC Daryl Strunk can be contacted with any technical questions at 570-481- 1033.

Alternate POC is Kent Simmons 805-312-2253.

2.) The Seasparrow work to be performed under this contract will be performed on the USS Tripoli (LHA-7) at

Tobyhanna Army Depot POC Matthew Lukeski can be contacted with any technical questions at 570-862- 2761.

Alternate POC is Betty McKenzie at 915-790-7253.

3.) The Seasparrow work to be performed under this contract will be performed on the USS Essex (LHD-2) at

Tobyhanna Army Depot POC Cory Williams can be contacted with any technical questions at 570-762- 3999.

Alternate POC is Betty McKenzie at 915-790-7253

1.6.5 Type of Contract: The government will award a (Type of contract to be determined by CCE and the Scaffolding company).

1.6.6 Security Requirements: The Scaffolding company shall get the proper clearances/security requirements to access Naval Amphibious Base Little Creek. The Scaffolding company personnel performing work under this contract must have the ability to enter a DOD secure area, a background check will be initiated at the time of entry.

Also, at time of the proposal submission and must maintain the level of security required for the life of the contract.

1.6.6.1 PHYSICAL Security: The Scaffolding company shall be responsible for safeguarding all government equipment, information and property provided for the Scaffolding company’s use. At the close of each work period, government facilities, equipment and materials shall be secured.

ACCESS INFORMATION:

All the information needed to access Naval Base San Diego can be found at Base Access (navy.mil).

DBIDS information can be found at DBIDS (dmdc.mil).

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. SCAFFOLDING COMPANY: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER: A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Scaffolding company as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE: Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL: Scaffolding company personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE: The government procedures to verify that services being performed by the Scaffolding company are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE: Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of the Scaffolding company’s performance.

2.1.10. QUALITY CONTROL: All necessary measures taken by the Scaffolding company to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORKDAY: The number of hours per day the Scaffolding company provides services in accordance with the contract.

2.1.12. WORK WEEK: Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

ATTACHMENT/TECHNICAL EXHIBIT LISTING

3. Attachment/Technical Exhibit List:

Attachment 1 – RAM Scaffolding Frame Attachment 2 – RAM Scaffolding_Enclosure Requirements Attachment 3 – A1-49348D - Seasparrow Launcher Scaffolding Enclosure Attachment 4 – A1-49349D – Seasparrow Director Scaffolding Enclosure

The enclosures need to have containment around it in order to protect it from the weather and prevent overspray damage to surrounding areas

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Scaffolding USS Tripoli (LHA-7) RAM

FFP

SCAFFOLDING MUST BE ERECTED ON 12 AUGUST 2024 AND

DISMANTLED ON 9 SEPTEMBER 2024 ON THE USS TRIPOLI (LHA-7) ON

THE FORWARD (FWD) ROLLING AIRFRAME MISSLE (RAM) LAUNCHER

AND THE AFTERDECK (AFT) RAM LAUNCHER.

Place of Performance:

USS Tripoli (LHA-7) Naval Base San Diego 3455 Senn Drive San Diego, CA 92136

See Performance Work Statement for complete details.

See Attachment 1 – RAM Scaffolding Frame See Attachment 2 – RAM Scaffolding_Enclosure Requirements See Attachment 3 – A1-49348D - Seasparrow Launcher Scaffolding Enclosure See Attachment 4 – A1-49349D – Seasparrow Director Scaffolding Enclosure

FOB: Destination

NSN: AASSVC417200J2

MILSTRIP: W25G1V417200J2

PURCHASE REQUEST NUMBER: W25G1V417200J2

PSC CD: W054

NET AMT

0002 1 Lot Scaffolding USS Tripoli (LHA-7)

FFP

SCAFFOLDING MUST BE ERECTED ON 7 AUGUST 2024 AND

DISMANTLED ON 13 SEPTEMBER 2024 ON THE USS TRIPOLI (LHA-7) ON

THE FORWARD (FWD) SEASPARROW LAUNCHER AND DIRECTOR AND

THE AFTERDECK (AFT) SEASPARROW LAUNCHER AND DIRECTOR.

Place of Performance:

USS Tripoli (LHA-7) Naval Base San Diego 3455 Senn Drive San Diego, CA 92136

See Performance Work Statement for complete details.

See Attachment 1 – RAM Scaffolding Frame See Attachment 2 – RAM Scaffolding_Enclosure Requirements See Attachment 3 – A1-49348D - Seasparrow Launcher Scaffolding Enclosure See Attachment 4 – A1-49349D – Seasparrow Director Scaffolding Enclosure

FOB: Destination

NSN: AASSVC417200IU

MILSTRIP: W25G1V417200IU

PURCHASE REQUEST NUMBER: W25G1V417200IU

0003 1 Lot Scaffolding USS ESSEX (LHD-2)

FFP

SCAFFOLDING MUST BE ERECTED ON 5 AUGUST 2024 AND

DISMANTLED ON 13 SEPTEMBER 2024 ON THE USS ESSEX (LHD-2) ON

THE FORWARD (FWD) SEASPARROW LAUNCHER AND THE

AFTERDECK (AFT) SEASPARROW DIRECTOR.

Place of Performance:

USS Essex (LHD-2) Naval Base San Diego 3455 Senn Drive San Diego, CA 92136

See Performance Work Statement for complete details.

See Attachment 1 – RAM Scaffolding Frame See Attachment 2 – RAM Scaffolding_Enclosure Requirements See Attachment 3 – A1-49348D - Seasparrow Launcher Scaffolding Enclosure See Attachment 4 – A1-49349D – Seasparrow Director Scaffolding Enclosure

FOB: Destination

NSN: AASSVC417200CM

MILSTRIP: W25G1V417200CM

PURCHASE REQUEST NUMBER: W25G1V417200CM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 12-AUG-2024 TO

09-SEP-2024

N/A SEE BELOW FOR SEPARATE SHIPPING

INSTRUCT

XXX

XXX PA 00000

FOB: Destination

W25G1V

0002 POP 05-AUG-2024 TO

16-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 05-AUG-2024 TO

16-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-25 Limitation Of Liability--Services FEB 1997 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

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

JAN 2023

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

DEC 2019

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

MAY 2021

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

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-

O0008) (MAY 2024)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117–328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)__(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

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

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

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as…