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COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart... COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-08 Effective 13 Aug 2020 (updated with Class Deviation 2020-O0017) The associated North American Industrial Classification System (NAICS) code for this procurement is 511210, with a business size standard of $41.5. The associated Federal Supply Code (FSC) / Product Service Code (PSC) procurement is 7030. The Naval Research Laboratory (NRL), located in Washington, DC, is seeking to purchase FDTD Non-Commercial License / Lumercal 3-year License, Period of Performance: 25 October 2020 – 24 October 2023 All interested companies shall provide quotations for the following: ___X___ See Attached Inquiry of Availability Supplies: Items must be brand name or equal in accordance with FAR 52.211-6. **FOB DESTINATION IS THE PREFERRED METHOD** Estimated Delivery Time: __________________ For FOB ORGIN, please provide the following information: FOB Shipping Point: _______________________ Estimated Shipping Charge: _________________ Dimensions of Package(s): ____________________ Shipping Weight: __________________________ The following provisions and clauses are hereby incorporated. Any provisions and clauses not applicable by their terms shall be self-deleting. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The full text of DFARS provisions or clauses may be accessed electronically at http://farsite.hill.af.mil/vfdfara.htm. The following solicitation provisions apply to this acquisition: Interim FAR rule 2019-009, published on July 14, 2020, and effective on August 13 Instruction to Offeror: Complete the attached 52.504-24 and include it with your offer. K.1 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) 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 the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items. (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) 1. FAR 52.203-11, Certification & Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) 2. FAR 52.204-7, System for Award Management (Oct 2018) 52.212-1 -- Instructions to Offerors -- Commercial Items. 3. FAR 52.212-1, "Instructions to Offerors-Commercial Items" (Jun 2020) a. FAR 52.212-1 has been tailored to include the following additional instructions: • This procurement is for new equipment ONLY, unless otherwise specifically stated. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty. • Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions • Offerors are required to submit documentation from the manufacturer stating that they are an authorized distributor for the specific items being procured. 4. FAR 52.212-3, "Offeror Representations and Certifications-Commercial Items" (Jun 2020) 5. FAR 52.225-18, Place of Manufacture (Aug 2018) 6. FAR 52.233-2, Service of Protest (SEP 2006) The Contracting Officer's address is: US Naval research Laboratory 4555 Overlook Avenue, S.W. Code 1350 Washington, DC 20375 a. NRL also includes the following provisions that must be completed by the offeror: 1. FAR 52.209-5, Certification Regarding Responsibility Matters (OCT 2015) 2. FAR 52.222-22, Previous Contracts and Compliance Reports (FEB 1999) 3. FAR 52.222-25, Affirmative Action Compliance (APR 1984) 4. FAR 52.225-4, Buy American Act - Free Trade Agreements - Israeli Trade Act Certificate Alternate III (MAY 2014) Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items." If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: 1. FAR 52.212-4, "Contract Terms and Conditions-Commercial Items" (Oct 2018) a. The following clauses are included as addenda to FAR 52.212-4: • FAR 52.202-1, Definitions (Jun 2020) • FAR 52.203-3, Gratuities (APR 1984) • FAR 52.203-6, - Restrictions on Subcontractor Sales to the Government (Jun 2020) o Alt I (OCT 1995) • FAR 52.203-12, Limitation of Payments to Influence Certain Federal Transactions (Jun 2020) • FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) • FAR 52.204-4, Printed or Copied Double-Sided on Recycled Paper (MAY 2011) • FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) • FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) • FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013) • FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) • FAR 52.223-12, Refrigeration Equipment and Air Conditioners (JUN 2016) • FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) • FAR 52.223-20, Aerosols (Jun 2016) • FAR 52.223-21, Foams (Jun 2016) • FAR 52.225-14, Inconsistency Between English Version and Translation of Contract (FEB 2000) • FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) • FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) • FAR 52.245-1, Government Property (Jan 2017) • FAR 52.245-2, Government Property Installation Operation Services (APR 2012) • FAR 52.245-9, Use and Charges (APR 2012) • FAR 52.247-34, F.O.B Destination (NOV 1991) • FAR 52.252-2, Clauses Incorporated By Reference (FEB 1998) 2. FAR 52.212-5, "Contract Terms and Conditions Required to Implement Statutes or Executive Orders" (Aug 2020) The following subparagraphs of FAR 52.212-5 are applicable: • Subparagraphs (b)(4), (b)(8), (b)(25 - 34), (b)(40), (b)(42), (b)(46), (b)(48) (b)(54)(56) 3. DFARS 212.301 - Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items (Revised December 21, 2018): • DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) • DFARS 252.203-7003, Agency Office of the Inspector General (Aug 2019) • DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011) • DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) • DFARS 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016) • DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) • DFARS 252.204-7013, Reserved. • DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors (MAY 2016) • DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) • DFARS 252.211-7003, Item Unique Identification and Valuation (MAR 2016) • DFARS 252.211-7006, Passive Radio Frequency Identification (Dec 2019) • DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012) • DFARS 252.211-7008, Use of Government-Assigned Serial Numbers (SEP 2010) • DFARS 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Sep 2019) • DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012) • DFARS 252.215-7008, Only One Offer (Jul 2019) • DFARS 252.219-7000, Advancing Small Business Growth (SEP 2016) • DFARS 252.223-7004 Drug-Free Work Force (SEP 1988) • DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013) • DFARS 252.225-7000, Buy American Act - Balance of Payments Program Certificate – Basic (NOV 2014) Alternate I (NOV 2014) • DFARS 252.225-7001, Buy American Act and Balance of Payments Program – Basic (DEC 2017) • DFARS 252.225-7006, Acquisition of the American Flag (AUG 2015) • DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013) • DFARS 252.225-7013, Duty-Free Entry (Apr 2020) • DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) • DFARS 252.225-7036, Buy American Act-Free Trade Agreements-Balance of Payments Program – Basic (DEC 2017) Exceeding $25,000, but is Less Than $191,000 • DFARS 252.225-7037, Evaluation of Offers for Air Circuit Breakers (Dec 2018) DFARS 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (Dec 2018) • DFARS 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities—Representations (Dec 2018) • DFARS 252.227-7013, Rights in Technical Data - Noncommercial Items (FEB 2014) Alternate I (JUN 1995) • DFARS 252.227-7015, Technical Data - Commercial Items (FEB 2014) • DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016) • DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) • DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions (DEC 2018) • DFARS 252.232-7010, Levies on Contract Payments (DEC 2006) • DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY 2013) • DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) • DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) • DFARS 252.239-7009, Representation of Use of Cloud Computing (SEP 2015) • DFARS 252.239-7010, Cloud Computing Services (OCT 2016) • DFARS 252.239-7017, Notice of Supply Chain Risk (Feb 2019) • DFARS 252.239-7018, Supply Chain Risk (Feb 2019) • DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013) • DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013) • DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) SUBMISSION INSTRUCTIONS: All Quoters shall submit 1 (one) copy of their technical and price quote. Include your company DUNS Number and Cage Code on your quote. All quotations shall be sent via e-mail. Buyer Name: Kimberly Martin, email: Kimberly.Martin@nrl.navy.mil. Please reference this combined synopsis/solicitation number on your correspondence and in the "Subject" line of your email. ALL QUESTIONS REGARDING THE SOLICITATION SHALL BE SUBMITTED VIA EMAIL. The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. SAM Registration: Award may be made without discussions or negotiations, therefore prospective contractors should have an active registration in the System for Award Management (SAM) database (www.sam.gov) in accordance with Federal Acquisition Regulation (FAR) Part 4.1102 and Part 52.204-7 when submitting a response to this solicitation. The Government will award a contract 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 factor shall be used to evaluate offers: Lowest Price Technically Acceptable – Factor 1 – Price. Quotes will be evaluated to determine if the price is fair, and reasonable in accordance with FAR 12.209. Quotations shall include a price for each Contract Line Item Number (CLIN). Factor 2 – Technical. The Government will evaluate the quoter’s capabilities to provide supplies/services in accordance with the Solicitation. Offers will be ranked lowest to highest according to price. A price analysis will be conducted to determine whether the lowest price will result from a single award or multiple awards. Based on the price analysis, the lowest price offer or multiple offers, will be forwarded to the requiring activity for technical evaluation (offer(s), in accordance with the specifications, will be deemed either technically acceptable or technically unacceptable). If the lowest price offer or offers is found technically acceptable and the pricing determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer(s) Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Quote meets all the minimum requirements/specifications as stated or provided in the RFQ specifications. Unacceptable Quote does not clearly meet the minimum requirements/specifications as stated or provided in the RFQ specifications. Options. When applicable, 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). To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoter shall list exception(s) and rationale for the exception(s). Submission shall be received not later than the response date listed above. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). E-mailed submissions are accepted and are the preferred form of submission. Receipt will be verified by the date/time stamp on fax or e-mail. 252.225-7969 Acquisition of Dinnerware and Stainless Steel Flatware. (DEVIATION 2020-O0017) Use the following clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for acquisition of commercial items, that are for acquisition of dinnerware or stainless steel flatware with an estimated value that exceeds the simplified acquisition threshold, if the contract is to be awarded after December 20, 2020, and before September 23, 2023, unless the dinnerware or stainless steel flatware is for— (a) Acquisitions outside the United States in support of combat operations; (b) Acquisitions by vessels in foreign waters; (c) Emergency acquisitions by activities located outside the United States for the personnel of such activities; or (d) Commissary resale. ACQUISITION OF DINNERWARE AND STAINLESS STEEL FLATWARE (DEVIATION 2020-O0017) (JUN 2020) (a) Definitions. As used in this clause, “United States” means the 50 States, the District of Columbia, and outlying areas. (b) Requirement. Any dinnerware or stainless steel flatware delivered under this contract shall be produced in the United States, consistent with the requirements at 10 U.S.C. 2533a (commonly known as the “Berry Amendment”). (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, that are for the acquisition of dinnerware or stainless steel flatware. (End of clause)