Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment 0003: The solicitation has been extended from 23 March 2023 to 06 April 2023. All other terms remain the same. Amendment 0002: Please see the following question and answer for the received R... Amendment 0003: The solicitation has been extended from 23 March 2023 to 06 April 2023. All other terms remain the same. Amendment 0002: Please see the following question and answer for the received RFC. Vendor Question: KTR is unable to procure pipe for the Outer Spacer Rings in compliance with the drawing. NAVSEA drawing 803-5196808 requires the Outer Spacer Rings for 4”-10” CORD sizes (items numbered 205, 305, 405, 505, and 605) to be produced from 70-30 Cu-Ni welded tube per MIL-T-16420, Class 1650, Type II. For 3” CORD size, item 105, the Outer Spacer Rings are to be per MIL-T-16420, Class 3300, Type II. KTR can procure pipe for use in these spacer rings per MIL-T-16420, Type I (Seamless) in the required class or per ASTMB467 welded pipe. These specifications share comparable mechanical and chemical requirement, and it is in KTR’s opinion that the substitution will not affect the form, fit, or function of these CORDs. KTR respectfully requests the approval of these alternate material specifications for use in this solicitation and future production of CORDs to the 5196808 drawing. GOVT Answer: Government does not concur with the substitution as mentioned above. KTR is to follow the Work Specification with the approved material and welding process, per NAVSEA Drawing. Amendment 0001: The solicitation has been extended from 16 March 2023 to 23 March 2023. All other terms remain the same. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR Part 13 additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Request for Quotation (RFQ) N5523623Q0074 is issued as a total small business set-aside. The subject solicitation is being processed using FAR Part 12 and 13. Any quote from a large business is ineligible for award. The applicable North American Industry Classification System (NAICS) code is 332912, (FLUID POWER VALVE AND HOSE FITTING MANUFACTURING) This solicitation documents and incorporates provisions and clauses that are those in effect through Federal Acquisition Circular 2021-02 (Effective 23 November 2020) and DFARS Publication Notice 20201130. DESCRIPTION: SWRMC requires procurement and delivery of long lead time material (LLTM) in support of the USS MAIKIN ISLAND (LHD-8) at Naval Base San Diego as follows: Quote shall provide LLTM Delivery Date. Four (4) each Cascade Orifice Restricting Device (CORD), 10" IPS, 800 GPM X 100 PSID, PER NAVSEA 803-5196808-B The full text FAR and DFAR references may be accessed from https://acquisition.gov. Standard Commercial Warranties apply: A. 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services NOV 2021. Offerors must comply with all instructions contained herein. 52.212-2 Evaluation Commercial Items, Evaluation – Commercial Products and Commercial Services NOV 2021 The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Price – The Government will award this requirement based on the lowest overall price technically acceptable (LPTA). B. 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services DEC 2022. Offerors shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award (SAM) Website located at https://www.sam.gov/SAM/ (only complete and return if there are changes to current SAM Registration. If 52.212-3 is not returned, the contractor is affirming that the current SAM registration is current, accurate, and complete). Lack of registration in the System for Award Management (SAM) database will make an offeror ineligible for award. C. FAR 52.212-4 - Contract Terms and Conditions -- Commercial Products and Commercial Services DEC 2022 APPLICABLE PROVISIONS AND CLAUSES: The FAR requires the use of the System for Award Management (SAM) in Federal solicitations as a part of the offer submission process to satisfy FAR 52.212-4. More information on SAM is found at https://www.sam.gov/portal/public/SAM/. The full text of FAR and DFAR provisions and clauses may be accessed at http://acquisition.gov. The following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant purchase order. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021 52.204-26 Covered Telecommunications Equipment or Services-Representation OCT 2020 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law FEB 2016 52.212-4 Contract Terms and Conditions--Commercial Items DEC 2022 52.232-16 Progress Payments NOV 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.246-2 Inspections of Supplies – Fixed Price AUG 1996 52.246-16 Responsibilities for Supplies APR 1984 52.252-2 Clauses incorporated by reference FEB 1998 52.252-6 Authorized Deviations in Clauses NOV 2020 252.203-7000 Requirements Relating to Compensation to Former DoD Officials SEP 2011 252.203-7002 Requirements to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022 252.204-7000 Disclosure of Information OCT 2016 252.204-7003 Control of Government Work Product APR 1992 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support JAN 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7000 Buy American – Balance of Payments Program Certificate NOV 2014 252.225-7001 Buy American and Balance of Payment Program JAN 2023 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 252.232-7006 Wide Area Work Flow Payment Instructions. JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration JAN 2023 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JAN 2023 252.244-7000 Subcontracts for Commercial Items JAN 2023 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation on Supplies by Sea JAN 2023 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services NOV 2021 – ADDENDUM – Submission Instructions. (1) Offerors may submit written questions during the quote preparation period. All questions must be received no later than 08 March 2023, 11:00 AM (Pacific) to allow adequate time to prepare and issue responses to all offerors prior to the date and time set for receipt of quotes. Only written questions will receive a response. All questions and quotes shall be directed to: Southwest Regional Maintenance Center (SWRMC) Email: citing the solicitation number in the subject line - N5523623Q0074 Email Addresses: anthony.j.chance.civ@us.navy.mil and ricardo.barraza-cobos.civ@us.navy.mil All questions shall be received no later than 08 March 2023 at 11:00 AM (Pacific). 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021): (a) 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: Evaluation Factors- The evaluation factors that will be used are: Technical Acceptability – Ability to meet the salient characteristics of the Product Description Price – Low price technically Acceptable (LPTA) Past Performance – Based on the Supplier Performance Risk System Price: The Government will evaluate the proposed price for reasonableness in accordance with FAR 13.106-3 (a)(1). Past Performance: The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the Statement of Work, the source of the information, the context of the data and general trends in the offeror's performance and any associated risk. The Government will also consider the extent of the offeror's ability to perform previous contracts successfully. Per DFARS provision 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations is hereby incorporated by reference. (b) Options. 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). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (DEC 2020) (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 products and commercial services: (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 (Nov 2021) (Section 1634 of Pub. L. 115-91). (3) 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). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services: 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)). 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note). 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a). 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s). 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f). 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)). 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)). 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)). 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126). 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627). 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83). 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 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). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services: 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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) 52.203-19, 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)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). (iv) 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). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67). (xiii) (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). (xiv) 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). (xv) 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). (xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 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). (xxi) 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. (xxii) 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) The following NAVSEA PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant purchase order. C-202-H001 Additional Definitions – Basic OCT 2018 C-212-H002 Contractor Proposal NAVSEA OCT 2018 F-242-H001 Contractor Notice Regarding Late Delivery OCT 2018 G-232-H002 Payment Instructions and Contract Type Summary for Payment Office JUN 2018 G-232-H005 Supplemental Instructions Regarding Invoicing JAN 2019 G-242-H001 Government Contract Administration Points of Contact and Responsibilities OCT 2018 PACKAGING REQUIREMENTS: Packaging and preservation shall be performed in accordance with the best commercial practices to afford maximum protection against damage. D-211-H005 Identification Marking of Parts – Alternative I OCT 2018 DELIVERY INSTRUCTIONS: Item shall be priced at F.O.B. Destination. Inspection and acceptance shall be at destination by the Government. SPECIAL CONTRACT REQUIREMENTS: Please submit your quote via e-mail to Anthony Chance, anthony.j.chance.civ@us.navy.mil (primary), and Ricardo Barraza-Cobos, ricardo.barraza-cobos.civ@us.navy.mil (secondary) QUOTES must be received by the destination inbox no later than *16 March 2023, 11:00 AM (Pacific)* or they will not be considered for award.