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Combined Synopsis Solicitation Request for Quotation Brand Name Specific- Volvo Penta D13 Ship Service Diesel Generator This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accord... Combined Synopsis Solicitation Request for Quotation Brand Name Specific- Volvo Penta D13 Ship Service Diesel Generator This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on the Federal Business Opportunities Website (FBO.gov). The Request for Quotation (RFQ) number is 1305M219QNMAN0143. This solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) No. 2019-01, effective 12/20/2018. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. - The full text of the FAR provisions and clauses noted within this synopsis/solicitation can be accessed on the Internet at https://www.acquisition.gov/far. - The full text of the CAR clauses and provisions and clauses noted within this solicitation can be accessed on the Internet at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm. - The full text of the NAM clauses and provisions noted within this solicitation can be accessed on the Internet at https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html. The North American Industry Classification System (NAICS) code is 333618, Other Engine Equipment Manufacturing - diesel and semidiesel engines manufacturing, which has a corresponding Small Business Size Standard of 1,500 employees. The proposed contract action is for a brand name only acquisition. The brand name and model number of the product are: Volvo Penta D13 Ship Service Diesel Generator Set. In accordance with FAR 5.102(a)(6), the required justification or documentation is attached. The National Oceanic and Atmospheric Administration (NOAA), Eastern Acquisition Division, 200 Granby Street, Norfolk, Virginia 23510, on behalf of Office of Marine and Aviation Operations (OMAO) requests responses from qualified sources capable of providing: one Volvo Penta D13 Ship Service Diesel Generator Set. No other items will be acceptable except for the item specified. This announcement will close at 4:00 PM EST on May 2, 2019. Questioning pertaining to this RFQ must be submitted in writing to Bridget Cofo via email bridget.cofo@noaa.gov. Telephonic requests will not be honored. Quotes may be submitted via email by the date and time listed above. All responsible sources may submit a quote which shall be considered by the agency. The date of delivery shall be no later than October 1, 2019; The Ship Service Diesel Generator price shall include all freight costs and delivered FOB destination. Equipment shall be boxed and crated for shipment including, securing loose parts, bills of material, etc. For estimating purposes, assume the delivery address is NOAA Ship Fairweather, 2002 SE Marine Science Drive, Newport, OR 97365-5275. However, once the installing shipyard is identified, it is anticipated the shipping address will change to that location. Following the shipyard’s installation of the Ship Service Diesel Generator, the Ship Service Diesel Generator Manufacturer’s Technical Representative shall be present for up to five contiguous days at the shipyard’s facility to approve the installation in accordance with the manufacturer’s requirements, commission the system, and be present during ABS functional testing to the satisfaction of ABS and NOAA. For planning purposes, the commissioning will take place in January, 2020; the exact time shall be coordinated with the Contracting Officer’s Representative (COR) upon completion of shipyard installation. Responsibility and Inspection: unless otherwise specified in the order, the contractor is responsible for providing all supervision, labor, services, materials, packing and shipping, delivery, taxes and fees, standard commercial warranty and associated related services and items to provide one Volvo Penta D13 Ship Service Diesel Generator Set. CLIN Description Quantity Unit Unit Price Total Price 0001 Volvo Penta D13 Ship Service Diesel Generator Set in accordance with attached specification. Shipping FOB destination included 1 EA The following FAR provisions and clauses are applicable to this procurement: 52.212-1 Instructions to Offerors - Commercial Items (b) Any questions regarding this Request for Quotations (RFQ) must be sent electronically to Bridget Cofo at bridget.cofo@noaa.gov no later than 2:00 PM EST on May 1, 2019. All references herein to “offerors” shall be construed as “vendors”, and all references herein to “offers” or “bids” shall be construed as “quotes”. Vendors responding to this solicitation shall submit written quotes in the English language. Quote shall be signed and dated, and shall include the typed or printed name of the person signing the proposal, including the signer’s title. (b)(2) Electronic submission is authorized. Vendors interested in submitting a quote in response to this Request for Quotations (RFQ) are requested to provide their written quote, including all information required by this RFQ, not later than 4:00 PM Eastern time, May 2, 2019 to NOAA/EAD, 200 East Granby Street, Suite 405, Norfolk, VA 23510, Attention: Bridget Cofo or by email to bridget.cofo@noaa.gov. (b)(4) Technical Capability: The only product that will meet this requirement is the brand name product identified in CLIN 0001. (b)(6) Vendors shall submit FIRM FIXED-PRICE quotes, including cost for delivery FOB DESTINATION, in response to this solicitation in U.S. DOLLARS, rounded to NOT MORE THAN TWO DECIMAL POINTS. Quotes will be evaluated and awarded to the lowest price technically acceptable. (b)(11) Include a statement specifying the extent of agreement with all terms, conditions and provisions included in the RFQ. (f) The text of this paragraph is deleted and the paragraph is “Reserved”. (i) The full text of the FAR provisions and clauses noted within this synopsis/solicitation can be accessed on the Internet at https://www.acquisition.gov/far and CAR clauses and provisions and clauses noted within this solicitation can be accessed on the Internet at http://oam.eas.commerce.gov/CAPPS_car.html. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) 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 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. (m) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) The Contracting Officer, or (2) at a level above the Contracting Officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: U. S. Department of Commerce, Eastern Region Acquisition Division, Attn: Arthur A. Hildebrandt, Contracting Officer, 200 Granby Street, Room 405, Norfolk, Virginia 23510. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230. (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC 20230. FAX: (202) 482–5858. (End of provision) (n) CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) ***End of Addendum to FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)*** 52.212-3 Offeror Representations and Certifications - Commercial Items Quoters shall include a completed copy of 52.212-3 with quotes. All clauses shall be incorporated by reference in the order. 52.212-4 Contract Terms and Conditions - Commercial Items (a) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) NOAA Ship Fairweather 2002 SE Marine Science Drive Newport, OR 97365-5272 (g) NOAA/ERAD INVOICES (APR 2011) Invoices may be submitted to the designated billing offices, in hard copy by mail or electronically via email to the CORs indicated. An electronic copy of invoices shall be submitted to the Contracting Office point of contact identified in any contract resulting from this solicitation: bridget.cofo@noaa.gov. (i) Payment: Payment will be made by the designated payment office, which is Department of Commerce/NOAA Finance Office, Room 1204, 20020 Century Blvd., Germantown, MD 20874. (j) FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) (q) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (r) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (v) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) (w) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (x) CAR 1352.201-72 Contracting Officer’s Representative (April 2010) (a) Mr. Adlai Sudborough is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. Mr. Adlai Sudborough is located at: Marine Operations Center-Pacific, 2002 SE Marine Science Drive, Newport, OR 97265; Phone number: 541-867-8728; E-mail: adlai.sudborough@noaa.gov (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (y) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (z) INSURANCE: The contractor shall maintain commercial insurance in compliance with local, state and federal laws and in amounts usual and customary to the type of work to be performed under the contract for the duration of the work. Contractor shall provide proof of such insurance to the Contracting Officer prior to commencing work under the contract. (aa) DATE OF DELIVERY: The delivery date shall be no later than 01 October 2019. (ab) FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) (ac) FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) (ag) NAM 1330-52.237-70, Contractor Communications (Sep 2017) (ah) NAM 1330-52.237-71, NOAA Government-Contractor Relations – Non-Personal Services (Sep 2017) (ai) NAM 1330-52.237-72, Contractor Access to NOAA Facilities (Sep 2017) (aj) NAM 1330.52-222-71, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy Applicable to Crew Members of Vessels under NOAA Contract or Order (May 2018) (ak) NAM 1330-52.270-304 NOAA Acquisition and Grants Ombudsman (Oct 2016): Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov. (z) NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015) By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in: (a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment; (b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility; (c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and (d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. (End of Clause) ***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)*** 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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: 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). 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). 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) XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). XX (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). XX (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). XX (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 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). XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). 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). XX (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). XX (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (End of clause) LIST OF ATTACHMENTS The following attachments are hereby incorporated by reference and made a part of this solicitation and any resultant contract. Attachment Title Number of Pages 1 Brand Name Justification 4 2 Procurement Specification Ship Service Diesel Generator NOAA Hydrographic Vessel FAIRWEATHER (S220) 7 ******* End of Combined Synopsis/Solicitation ********