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) 2021-07 Effective: 09-10-2021 This is a full and open competitive announcement in accordance with 19.502-2 (a) on a Firm-Firm Fixed-Price (FFP) basis. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519. The associated Federal Supply Code (FSC) / Product Service Code (PSC) procurement is 7E20. The Naval Research Laboratory (NRL), located in Washington, DC, is seeking to purchase Dell Data Domain Maintenance. All interested companies shall provide quotations for the following: ___X___ See attached Inquiry of Availability Supplies: BRAND NAME OR EQUAL. Items must be brand name or equal in accordance with FAR 52.211-6. 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: 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) 3. FAR 52.212-1, "Instructions to Offerors-Commercial Items" (Sep 2021) 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), an OEM authorized dealer, an authorized distributor, or an 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, "Offerors Representations and Certifications-Commercial Items" (Feb 2021) 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 (Aug 2020) 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 (Feb 2021) 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) 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 Exceeding $30,000 (Jun 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 (Sep 2021) FAR 52.245-2, Government Property Installation Operation Services (APR 2012) FAR2.245-9, 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" (Sep 2021) 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 DoD Class Deviation 2018-O0021, Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System, issued October 1, 2018 (Revised October 1, 2018): DoD Class Deviation 2018-O0021 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 252.204-7011, Reserved 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 Past Performance Information Retrieval System-Statistical Reporting in Past Performance (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 (JAN 2021) 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: James Chappell; james.chappell@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. 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 factors shall be used to evaluate offers: Lowest Price Technically Acceptable - 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). If the lowest price offer is determined technically unacceptable, another analysis will be conducted amongst the remaining offers to determine if a single or multiple awards will provide the lowest price. The lowest price offer(s) will be sent for technical evaluation. This process is repeated in order of price until an offer or combination of offers is deemed technically acceptable and price is determined fair and reasonable. 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). Terms and Conditions. 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:" Exceptions. Quote 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.