Inactive Historically Underutilized Business (HUBZone) Set-Aside (FAR 19.13)

Identification of the agency and the contracting activity, and specific identification Sole Source This is a HubZone sole source justification. Contracting activity is the Naval Sea Systems Command, N... Identification of the agency and the contracting activity, and specific identification Sole Source This is a HubZone sole source justification. Contracting activity is the Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001 (Contracts Department Code 02). Nature and/or description of the action being approved. This action will award a HubZone Sole Source firm fixed price purchase order pursuant to FAR 19.1306(a) to RAS Enterprises, LLC to acquire bulk helium in the amount of 80,000 standard cubic foot (SCF) to include delivery and pick up. A description of the supplies or services required to meet the agency’s needs (including the estimated value). This procurement is for the purchase of bulk respirable helium that shall meet Military Specification (MIL-PRF-27407D, Propellant Pressurizing Agent Helium, Type I Gaseous Grade B, Respirable Helium). The Government’s minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements. This acquisition will be conducted using simplified acquisition procedures with a total dollar value above micro-purchase levels, but not exceeding the simplified acquisition threshold of $250,000.00. All gas will be delivered no later than thirty (30) days after award of the order. The purchase will be funded with FY 2020 Research, Development, Test and Evaluation (RDT&E) funds. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service. 10 U.S.C. 2304(c)(5), Authorized or Required by Statute, FAR6.302-5(b)(5). This purchase will support certification and testing requirements in the NSWC PCD Hydrospace Laboratory. Due to the required volume, logistical, and economic constraints of purchasing the commodity of bulk helium, NSWC PCD does not expect significant savings through competition and foresees significant and unacceptable delays that will negatively impact this requirement. Moreover, it meets the criteria as prescribed by FAR 19.1306(a). Moreover, it meets the criteria as prescribed by FAR 19.1306(a). Therefore, it is in the Governments’ best interest to award on a sole source basis to RAS Enterprises, LLC. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b). The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted. This requirement will be synopsized on the Commercial Opportunities website at beta.SAM.gov per FAR Part 5.2 No additional market research was conducted for the reasons stated in paragraph 4 above, RAS Enterprises, LLC is the only source that can meet the Government’s needs. Any other facts supporting the justification. None. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made. As stated in paragraph 4 above, RAS Enterprises, LLC is the only source that can meet this requirement. **FAR 8.5 Acquisition of Helium, applies.** Section F - Deliveries or performance F.O.B. 52.247-34 Destination Section G 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area Workflow Payment Instructions Section I – Contract Clauses 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.208-8 Required Sources for Helium and Helium usage data (Aug 2018) 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items Preselected: 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement (Jan 2017) 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) Select as Applicable for Set Aside Type: 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 Required: 52.222-50 Combatting Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.243-1 Changes Fixed-Price 52.252-2 Clauses Incorporated by Reference (Feb 1998) http://farsite.hill.af.mil/vmfara.htm 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) 252.204-7003 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 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support (May 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2015 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations (March 2018) 252.225-7048 Export Controlled Items (Jun 2013) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.247-7023 Transportation of Supplies by Sea (Apr 2014) Section K - 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-8 Annual Representations and Certifications FEB 2016 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction (Feb 2016) Section L - Instructions Conditions and Notices to Bidders 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) 52.212-1 -- Instructions to Offerors -- Commercial Items. 52.204-13 System for Award Management Maintenance JUL 2013