Inactive Total Small Business Set-Aside (FAR 19.5)

Amend 0001 - Quantities under the Product Description attachment have been revised. This is a Combined Synopsis/Solicitation for commercial item prepared in accordance with the format in Subpart 12.6,... Amend 0001 - Quantities under the Product Description attachment have been revised. This is a Combined Synopsis/Solicitation for commercial item prepared in accordance with the format in Subpart 12.6, as supplemented FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Request for Quotation (RFQ) N5523623Q0175 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 335314 - Relay and Industrial Control Manufacturing. This solicitation documents and incorporates provisions and clauses that are those in effect through Federal Acquisition Circular 2023-04 (Effective 02 JUN 2023 2023) and DFARS Publication Notice 202300609. DESCRIPTION: The requirement is for a firm-fixed-price (FFP) USS MOMSEN (DDG 92) Relay Parts Purchase Order. See Attached Product Description for details The full text FAR and DFAR references may be accessed from https://acquisition.gov Standard Commercial Warranties apply: 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 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 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 NOV2014 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 252.237-7010 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 MAR 2023 ADDENDUM - Submission Instructions. Offerors may submit written questions during the quote preparation period. All questions must be received no later than 18 JUN 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 - N5523623Q0175 Email Addresses: anna.d.nguyen.civ@us.navy.mil and daniel.calleja.civ@us.navy.mil To view technical drawings. Please fill out the “SWMRC Technical Documentation Request Form” found in attachments and email to swrmc.techdocs@navy.mil. Please copy anna.d.nguyen.civ@us.navy.mil and daniel.callaja.civ@us.navy.mil when sending the request. 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)(l). Past Performance: The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the Product Description, 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) 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 (MAR 2023) (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)(l)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and U.S.C. 3801). (6) 52.233-3, Protest After Award (AIUG 1996) (31 U.S.C. 3553) (7) 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: 1. 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). 2. 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 u.s.c. 3509)). 3. 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). 4. 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). 5. 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a). 6. 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offerer elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 7. 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). 8. 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s). 9. 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f). 10. 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)). 11. 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)). 12. 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a) (17)). 13. 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126). 14. 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 15. 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020} (E.O. 13513). 16. 52.225-1, Buy American-Supplies (Oct 2022} (41 U.S.C. chapter 83}. 17. 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). 18. 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). 19. 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). 20. 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). 21. 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (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: 1. 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)(l), 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) ( 41u.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)(l)(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. (xxiii) 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-215-H002 Contractor Proposal NAVSEA OCT 2018 F-242-H00l 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-H00l 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-H00S 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 Anna Nguyen, anna.d.nguyen.civ@us.navy.mil (primary), and Daniel Calleja daniel.calleja.civ@us.navy.mil (secondary). QUOTES must be received by the destination inbox no later than* 19 JUL 2023, 11:00 AM (Pacific).* or they will not be considered for award.