Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment 002: Provide answers to questions and extend the solicitation close date to 10:00AM Hawaii Standard Time (HST) on 14 January 2022. Amendment 001: Update date for 52.204-24 in list of provisi... Amendment 002: Provide answers to questions and extend the solicitation close date to 10:00AM Hawaii Standard Time (HST) on 14 January 2022. Amendment 001: Update date for 52.204-24 in list of provisions and clauses and in Attachment 3 - FAR Representations to NOV 2021. This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Parts 12, 13.303 and 13.5, 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 SAM.gov and NECO (https://www.neco.navy.mil/). The RFQ number is N0060422Q4007. This solicitation documents and incorporates provisions and clauses in effect through FAC 2022-01 and DFARS Publication Notice 2021206. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/far/ and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS code is 333618 and the Small Business Standard is 1,500 employees. The proposed contract is 100 percent set-aside for small business concerns. The Small Business Office concurs with the set-aside decision. The NAVSUP Fleet Logistics Center (FLC) Pearl Harbor intends to establish up to three Blanket Purchase Agreements (BPAs) for Cummins Engines and Original Equipment Manufacturer (OEM) replacement parts for Commander Navy Region Hawaii, Regional Boat Maintenance Center (RBMC)s recurring supply needs. NAVSUP FLC Pearl Harbor intends to solicit quotes and issue for BPA calls (orders) from vendors awarded BPAs from this solicitation. The proposed contract action is for Brand Name Only Cummins Engines and OEM Replacement Parts. In accordance with FAR 5.102(a)(6), the approved justification or documentation is attached. Refer to the following attachments for additional details: Attachments: Attachment 1 - Redacted Brand Name JA Attachment 2 - Test Market Basket Attachment 3 - FAR Representations All questions regarding this solicitation must be emailed to liane.pekelo-passmor@navy.mil no later than 2:00pm HST on 03 January 2022. Questions received after this date will not be accepted. This announcement will close at 2:00PM Hawaii Standard Time (HST) on 07 January 2022. Contact Liane Pekelo-Passmore who can be reached by email at liane.pekelo-passmor@navy.mil. Oral communications are not acceptable in response to this notice. All responsible sources may submit a quote which shall be considered by the agency. System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/. Evaluation and Basis of Award: Evaluations will be conducted in accordance with FAR Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Items and FAR 13.106-2 Evaluation of quotations or offers. The BPA(s) will be established with the quoter(s) whose quote represents the best value to the Government. 1. BASIS OF AWARD The NAVSUP Fleet Logistics Center (FLC), Regional Contracting Department Pearl Harbor, Hawaii intends to establish up to three (3) multiple Blanket Purchase Agreements (BPAs) resulting from this notice. NAVSUP FLC Pearl Harbor intends to limit BPA awards to responsible Quoters whose quotes meet the technical capability requirements, conforms to the solicitation and provide pricing advantageous to the Government. 2. EVALUATION CRITERIA Price. a. Quoter shall propose its minimum discount percentage that it will provide to the Government if awarded a BPA for the following: i. Cummins Engines ii. OEM Replacement Parts b. The Government has developed a Test Market Basket of Cummins Engines and Replacement Parts to determine price reasonableness for each Quoters proposed minimum discount percentages. The Test Market Basket will calculate a Total Evaluated Price for each Quoter. Quotes within 20 percent of the lowest responsive and responsible Quoters Total Evaluated Price will be determined to have pricing advantageous to the Government. In the event that more than three (3) responsible quoters are within 20 percent of the lowest price, only the lowest three (3) responsive and responsible quoters will be selected as BPA schedule holders. The Test Market Baskets total evaluated price is for evaluation purposes only. The Government is obligated only to the extent of authorized calls (orders) actually placed against this BPA and shall not be liable in any manner in the event no calls are made. c. Quoters shall complete and submit Attachment 2, Test Market Basket. Quoters must provide the Manufacturer Suggested Retail Price (MSRP) and Quoters proposed minimum discount percent for all items identified in the Test Market Basket. The Government reserves the right to request supporting documentation from the Quoter to validate the MSRP used in the Quoters Test Market Basket and make applicable corrections to the Quoters MSRP included in its Test Market Basket. Technical Capabilities Quoter shall submit a technical capability quotation not to exceed 5 pages in total. Each response must clearly indicate the capability of the Quoter to meet all technical capability requirements. Technical Capability statements will be assigned a rating of Acceptable or Unacceptable based on the information provided. Failure to address any factor listed below, may lead to an Unacceptable Rating. a. Quoter must be capable of providing the requested Cummins Engines and OEM replacement parts and providing manufacturer warranty support. i. Quoter shall provide a letter from the Manufacturer stating that the company is authorized to sell and provide warranty support. ii. Quoter shall provide its proposed methodology for providing manufacturer warranty support on Oahu, Hawaii. b. Quoter must be capable of providing shipping, handling and delivery to Arizona Detachment Bldg. 3 Hornet Avenue, Pearl Harbor, Hawaii 96860. Specific calls (orders) may require expedited delivery including but not limited to air freight services. c. Quoter shall provide a statement that it has the technical capabilities and does not take any exceptions. Rating Description Acceptable Quoter clearly meets the minimum technical requirements of the solicitation Unacceptable Quoter does not clearly meet the minimum technical requirements of the solicitation 3. Past Performance: Although Past Performance is not an evaluation factor, past performance will be evaluated IAW FAR 9.104-6. The Contracting officer shall review the performance and integrity information available in the Federal Awardee Performance and Integrity Information System (FAPIIS), Supplier Performance Risk System (SPRS), and System for Award Management (SAM) Exclusions when making a responsibility determination. Before award, Government shall complete a responsibility determination for each potential awardee. 4. Clarifications: The Government intends to evaluate quotes and establish the BPAs without any discussions, questions, or clarifications to Quoters. Each Quoters initial quote shall contain the Quoters best terms from technical and pricing stand points. Unclear or inconsistent quotes may not result in discussions, questions, or clarifications to the Quoters. In addition, quotes with an omission/failure to follow the instructions of the RFQ or quotes that are unclear/inconsistent, may be rated Unacceptable and therefore be ineligible for award. The Government reserves the right to ask questions of Quoters if the Contracting Officer determines them to be necessary. 5. Submission of quotes: Quotes shall be submitted via email to Liane Pekelo-Passmore at liane.pekelo-passmor@navy.mil no later than the announcement closing date and time. Quotes should include the following: a. The Quoters completed Test Market Basket. b. The Quoters Technical Capabilities Statement i. A letter from the Manufacturer stating that the company is authorized to sell and provide warranty support. ii. Proposed methodology for providing manufacturer warranty support on Oahu, Hawaii. iii. A statement that it has the technical capabilities and does not take any exceptions. All quotes should include a point of contact, name and phone number, CAGE code, business size, payment terms and a completed Attachment 3 - FAR Representations. BPA TERMS AND CONDITIONS 1. AUTHORITY The issuance of individual calls under this Blanket Purchase Agreement (BPA) will be made under the authority of 10 U.S.C. 2304 (g). The authority to establish this BPA is FAR 13.303. 2. EXTENT OF OBLIGATION The Government is obligated only to the extent of authorized calls (orders) actually placed against this BPA and shall not be liable in any manner in the event no calls are made. Please note that a BPA is not a contract. A BPA is a streamlined method for acquiring supplies on an as-needed basis from qualified sources that are readily available and thus eliminates the need for repetitive costly re-procurements. There is no minimum or maximum guaranteed quantity. While it is the intent of the Government to request quotes for BPA individual calls (order) from only awarded BPA holders, the Government shall not be liable in any manner if it elects to solicit quotes or make purchases outside of these agreements. 3. SCOPE OF BPA This BPA is entered into in order to support the supply needs of Commander Navy Region Hawaii, Regional Boat Maintenance Center (RBMC). 4. BPA ITEMS Individual calls (orders) under this BPA shall be limited to items meeting the following criteria: a. The item must be a Cummins Engine or Original Equipment Manufacturer (OEM) replacement parts for Cummins Engines b. OEM shall be defined as the manufacturer off products or components that are purchased by another company and retailed under that purchasing companys brand name; and c. The item must have a Manufacturer Suggested Retail Price (MSRP). 5. SUPERSEDED ITEMS At the time of quoting individual calls (orders), BPA holders shall be responsible for notifying the Government of any items superseded and the new corresponding item numbers from the Manufacturer. The Government shall have the final determination if superseded items may or may not be offered. 6. DURATION OF AGREEMENT This agreement will be in effect for a period not to exceed 60-months from award or until the total spent on the master BPAs reaches 7.5 million dollars (whichever occurs first), or until such time either party to this agreement requests that it be canceled in writing (30 day notice required). a. This Agreement may be modified or may be canceled in its entirety by either party upon thirty (30) days written notice to the other party, except that this Agreement may be canceled by the Government at any time if the parties fail to agree upon any deletion, amendment or addition to this Agreement which is required by statute, Executive order, the FAR and/or this Supplement. BPA cancellation does not release the contractor from the duty to continue Call Order performance. Ongoing orders continue in accordance with their own period of performance, even if the BPA is cancelled. b. At a minimum, this Agreement shall be reviewed annually before the anniversary of its effective date, and revised to conform to all requirements of statutes, Executive orders, or the FAR and DFARS. 7. PRICING a. Individual calls (orders) under this BPA shall be Firm Fixed Price. b. Individual calls (orders)s price for Cummins Engines and OEM Replacement Parts shall comply with the BPA holders applicable minimum discount percents from the Manufacturer Suggested Retail Price (MSRP). Any additional discount to the Government is highly encouraged. c. Individual calls (order) shall have a firm fixed price for Shipping, Handling and Delivery based on the specific delivery requirements of each individual call (order). Shipping, Handling, and Delivery shall be priced separately from the supply items. 8. DELIVERY The Government shall specify the required delivery time and handling requirements for each individual call (order). Unless specified otherwise in the individual call (order), delivery shall be FOB Destination. 9. PURCHASE (CALL) LIMITATION: No individual purchase (call) placed against this agreement shall exceed 250,000 dollars. 10. NOTICE OF INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA: a. Naval Supply Systems Command (NAVSUP) Fleet Logistics Center (FLC) Pearl Harbor - Any NAVSUP FLC, Regional Contracting Department Pearl Harbor Contracting Officer, acting within the scope of their delegated procurement authority, may place individual calls (orders) against this BPA. b. Commander Navy Region Hawaii (CNRH) - NAVSUP FLC Pearl Harbor shall designate in writing the names of individuals of CNRH authorized to place an order against this BPA. 11. DELIVERY TICKETS: All supplies under this BPA shall be accomplished by a sales slip or invoice, which will contain the following minimum information: 1) Name of BPA Holder 2) Blanket Purchase Agreement Number and Call Number (such as N0060422A6001, N0060422FA001). 3) Date of Purchase (Call). 4) Itemized list of Supplies Furnished. 5) Quantity, Unit Price and Extension of each item less applicable discounts. 6) Shipping, Handling and Delivery Costs 12. METHOD OF INVOICING AND PAYMENT: For each individual call (order), the Government shall specify the method of invoicing and payment. Methods may include Government Commercial Purchase Card (GCPC) or Wide Area Workflow (WAWF). 13. BASE ACCESS Commander, Navy Installations Command (CNIC), has established the Defense Biometric Identification System (DBIDS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Visiting vendors may obtain daily passes directly from the individual Navy Installations by submitting identification credentials for verification and undergoing a criminal screening/background check. Further information regarding DBIDS can be found at http://www.cnic.navy.mil 14. TERMS AND CONDITIONS The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions and clauses of this BPA and Contractors invoice, the provisions and clauses of this BPA will take precedence. The following FAR provision and clauses are applicable to this action: 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.204-7 System for Award Management (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.209-7 Information Regarding Responsibility Matters (OCT 2018) 52.212-1 Instructions to Offerors-Commercial Items (JUN 2021) 52.212-2 Evaluation-Commercial Items (OCT 2014) 52.212-3 Offeror Representations and Certifications-Commercial Items (FEB 2021) 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 (JUL 2021) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment (AUG 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) 52.219-14 Limitations on Subcontracting (SEP 2021) (DEVIATION 2021-O0008) 52.219-28 Post-Award Small Business Program Representation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (DEVIATION 2020-O00019) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) 52.232-36 Payment by Third Party (MAY 2014) 52.216-27 Single or Multiple Awards (OCT 1995) 52.219-33 Non-Manufacturer Rule (SEP 2021) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) 52.252-2 Clauses Incorprated by Reference (JAN 1991) 52.252-5 Authorized Deviations in Provisions (NOV 2020) 52.252-6 Authorized Deviations in Clauses (NOV 2020) Quoters shall include a completed copy of 52.212-3 and its ALT I with quotes. All clauses shall be incorporated by reference in the order. Additional contract terms and conditions applicable to this procurement are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.204-7016 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 2021) 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. (NOV 2020) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. (NOV 2020) 252.211-7003 Item Unique Identification and Valuation (MAR 2016) 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (SEP 2019) 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) 252.225-7001 Buy American and Balance of Payments Program-Basic (DEC 2017) 252.225-7012 Preference for Certain Domestic Commodities (DEC 2017) 252.225-7048 Export-Controlled Items (JUN 2013) 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (MAY 2020) (DEVIATION 2020-O0015) 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems-Representation. (MAY 2020) (DEVIATION 2020-O0015) 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime (FEB 2020) (DEVIATION 2020-O0005) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018) 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card (MAY 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration (APRIL 2020) 252.244-7000 Subcontracts for Commercial Items (JAN 2021) 252.246-7003 Notification of Potential Safety Issues (JUN 2013) 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) 252.246-7008 Sources of Electronic Parts (MAY 2018) 252.247-7023 Transportation of Supplies by Sea-Basic (FEB 2019) End of Combined Synopsis/Solicitation