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SOLE SOURCE PROCUREMENT TO SWIFT INDUSTRIES DBA SWIFT ATLANTA INC. Subj.: SOLE SOURCE MEMORANDUM TO ACQUIRE METAL ASSEMBLIES FOR ASSEMBLY OF LANDING CRAFT AIR CUSHION (LCAC) CONTROL, ALARM AND MONITOR... SOLE SOURCE PROCUREMENT TO SWIFT INDUSTRIES DBA SWIFT ATLANTA INC. Subj.: SOLE SOURCE MEMORANDUM TO ACQUIRE METAL ASSEMBLIES FOR ASSEMBLY OF LANDING CRAFT AIR CUSHION (LCAC) CONTROL, ALARM AND MONITORING SYSTEMS (CAMS) COMPONENTS (PURCHASE REQUEST 1300912302) Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.” This is a 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 firm fixed price purchase order to Swift Industries, Inc. Doing Business As (DBA) Swift Atlanta (CAGE Code 42170) 3605 Swiftwater Park Drive, Suwanee, GA 30024 for metal assemblies used in the fabrication of the ENET Device, Craft Control Interface Units (CCIU's), Video Distribution Unit (VDU) and CAMS J- Boxes for the Landing Craft Air Cushion (LCAC) Command, Control, Communications, Computers, & Navigation (C4N) System Baseline Configuration 4 (SBC4). A description of the supplies or services required to meet the agency’s needs (including the estimated value). The purchase is to acquire: Description Part Number Rev. Qty. 1 Chassis Hoop, CCIU 436-8430641-001 B- 16 2 Chassis Top, CCIU 436-8430642-001 C 16 3 Chassis Bottom, CCIU 436-8430643-001 B 16 4 Heatsink, Power Supply, 30W 436-8430647-001 B 16 5 Chassis Hoop, Junction Box 414-8430665-001 B 16 6 Chassis Front, Junction 414-8430666-001 A 16 7 Chassis Rear, Junction 414-8430667-001 A 16 8 Chassis Hoop, ENET- 1553 Unit 415-8430365-001 B 8 9 Chassis top, ENET-1553 Unit 415-8430366-001 B 8 10 Chassis Bottom, ENET- 1553 Unit 415-8430367-001 B 8 11 Spacer Plate, ENET-1553 Unit 415-8430369-001 B 8 12 Chassis Hoop, VDU 414-8430690-001 B- 8 13 Chassis top, VDU 414-8430691-001 C 8 14 Chassis Bottom, VDU 414-8430692-001 B- 8 15 Heatsink, Power Supply, 90W 414-8430699-001 B 16 16 Bracket, Mounting, Video 414-8430701-001 B 16 17 Chassis Hoop, DTD 414-8430465-001 B- 8 18 Chassis Top, DTD 414-8430466-001 A 8 19 Chassis, Bottom, DTD 414-8430467-001 A 8 20 Chassis Front Panel, DTD 414-8430468-001 A- 8 21 Bracket, Tray, Shuttle Drive 414-8430469-001 A- 16 22 Spacer, Hinge, DTD 414-8430470-001 A 8 23 Chassis, Door, DTD 414-8430471-001 A 8 24 Bracket, Support, VDU 400-8430675-001 A 8 25 Panel, Mounting, ESU, Rack 400-8430676-001 C 16 26 Shelf, Universal 400-8430682-001 A 40 27 Rack Cover, Front 400-8677583-001 A 16 28 Mounting Block, Top, Rack 400-8677584-001 A 32 29 Mounting Block, Bottom Rack 400-8677585-001 A 32 30 Rack Panel, Side 400-8677586-001 A- 8 31 Spacer Plate, MIL-STD- 1553B 400-8677587-001 A 16 32 Cable Tray, RPU 400-8430680-001 A 8 33 PANEL; CABLE MANAGEMENT; RACK 400-8430674-001 A 16 34 Material Delivery 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 equipment will be delivered no later than four (4) weeks after award of the order. The contract action will be funded with FY 2021 Other Procurement, Navy (OPN) funds. 10 U.S.C. 2304(c) (1) - Only one responsible source and no other supplies or services will satisfy agency requirements, FAR 6.302-1. The items being purchased were specifically tested and evaluated against the Naval Sea Systems Command (NAVSEA) technical requirements as provided on the LCAC C4N System Baseline Configuration 4 (SBC4) product specification during the product’s initial prototyping and evaluation phase. These components are used in a Build-to-Print drawing package and if another vendor’s product is chosen at this point, there will be a redesign of the printed circuit board, heat sink, chassis, and harness modifications. No other source for these parts currently exists. Developing another source for these items would be cost and schedule prohibitive. Developing another source would be expensive as there would be significant reoccurring engineering and testing costs (environmental) and time associated with the effort estimated at $150,000 adding additional twelve month lead time. A determination by the ordering activity contracting officer that the order represents 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, reoccurring cost, administrative costs, engineering and redesign 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 via posting on the Commercial Opportunities website at beta.SAM.gov per FAR 5.2. The synopsis expressed the Government’s intent to contract on a sole source basis. No additional market research was conducted for the reasons stated in paragraph 4 above. 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, Swift Atlanta, Inc. is the only company that can meet the requirement. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is N61331-21-T-NA02 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2021-05. A subsequent solicitation document will not be issued. The applicable NAICS Code is 332322 and the small business size standard is 500 employees. FSC 2090. The Naval Surface Warfare Center, Panama City Division FL intends to award a sole source firm fixed price commercial item order to Swift Industries, Inc. Doing Business As (DBA) Swift Atlanta, 3605 Swiftwater Park Drive, Suwanee, GA 30024 for the following: These Commercial Off-the-Shelf (COTS) items are being requisitioned in support of upgrading Landing Craft Air Cushion (LCAC) Command, Control, Communications, Computers and Navigation (C4N) systems. These items are manufactured by Swift Atlanta as the Original Equipment Manufacturer (OEM). The COTS items being purchased were specifically tested and evaluated against the Naval Sea Systems Command (NAVSEA) technical requirements as provided in the LCAC C4N System Baseline Configuration 4 product specification during the product's initial prototyping and evaluation phase. No other source for these asemblies currently exists. Only these items, provided by Swift Atlanta have been approved for LCAC C4N use. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Only new items are acceptable (no refurbished or repaired items) with an Original Equipment Manufacturer warranty . Delivery will be 4 weeks after award of the order F.O.B. Destination to: Naval Support Activity Panama City (NSA PC) Receiving Office, Building 100, 100 Vernon Ave., Panama City, FL 32407. ATTENTION: Rose Larry Code E31. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference with addenda as noted: 52.212-1 Instructions to Offerors-Commercial Items (JAN 2005). 52.212-2 Evaluation-Commercial Items. (Jan 1999) - Evaluation will be based on price. 52.212-3 Offeror Representations and Certifications-Commercial Items (JAN 2005) ALTERNATE I (APR 2002) (The offeror has completed the annual representations and certification electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and certifications Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference). 52.212-4 Contract Terms and Conditions-Commercial Items (SEPT 2005). Within 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders (JAN 2005), the following clauses apply and are incorporated by reference: 52.203-6 Restrictions on SubContractor Sales to the Government (JUL 1995), WITH Alternate I (OCT 1995); 52.222-3 Convict Labor (JUN 2003), 52.222-19 Child Labor - Cooperation with Authorities and Remedies (JUN 2004), 52.222-21 Prohibition of Segregated Facilities (Feb 1999), 52.222-26 Equal Opportunity (APR 2002), 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and other Eligible Veterans (DEC 2001), 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998), 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era and Other Eligible Veterans (DEC 2001), 52.225-13 Restrictions on Certain Foreign Purchases (DEC 2003), and 52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration (OCT 2003). 52.247-34 F.O.B. Destination (Nov 1991). 52-252-2 Clauses Incorporated By Reference (Feb 1998) the full text of a clause may be accessed electronically at www.acquisition.gov/far. The following Defense FAR Supplement (DFARS) provisions and clauses apply to this solicitation and are incorporated by reference: 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country (JAN 2009). 252.211-7003 Item Identification and Valuation (AUG 2008). Within DFARS 252.212-7001 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (JAN 2005), the following clauses apply and are incorporated by reference: 52.203-3 Gratuities (APR 1984); 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (JAN 2009); 252.225-7001 Buy American Act and Balance of Payment Program (APR 2003); 252.225-7000 Buy American Act--Balance of Payments Program Certificate (APR 2003); 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009); 252.225-7012 Preference for Certain Domestic Commodities (DEC 2008); 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004); 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR 2008); 252.243-7002 Requests for Equitable Adjustment (MAR 1998); 252.247-7023 Transportation of Supplies by Sea. The Defense Priorities and Allocations Systems (DPAS) assigned rating for this procurement is DO-C9. Responses to this solicitation are due by APRIL 12, 2021 at 2:00 P.M Central Standard Time. At a minimum, responsible sources shall provide the following: a price proposal on letterhead or a SF1449 which identifies the requested item, with its unit price, extended price, total price, prompt payment terms, remittance address, Tax I.D. #, DUNS #, and Cage Code. Offers and questions can be addressed to “Contract Specialist” at email Nicholas.m.alexander@navy.mil or phone 850-867-6104. Reference RFQ # N61331-21-T-NA02 on your quote. Section C – Specifications Minimum Requirements for Access to Controlled Unclassified Information (CUI): Prior to access contractor personnel requiring access to DON controlled unclassified information (CUI) or "user level access to DON or DoD networks and information systems system security and network defense systems or to system resources providing visual access and/or ability to input delete or otherwise manipulate sensitive information without controls to identify and deny sensitive information" contractors must have clearance eligibility or submit an Electronic Questionnaire for Investigation Processing (SF 86) to NSWC PCD Security for processing and subsequent adjudication by the DOD Consolidated Adjudications Facility. Minimum Protection Requirements for Controlled Unclassified Information: Security classification guides (OPNAVINST 5513 series) and unclassified limited documents (e.g. FOUO Distribution Statement Controlled) are not authorized for public release and therefore cannot be posted on a publicly accessible webserver or transmitted over the Internet unless appropriately encrypted. Controlled Unclassified Information (CUI): Controlled unclassified information (CUI) is official information that requires the application of controls and protective measures for a variety of reasons and has not been approved for public release to include technical information proprietary data information requiring protection under the Privacy Act of 1974 and Government-developed privileged information involving the award of contracts. CUI is a categorical designation that refers to unclassified information that does not meet the standards for National Security Classification under Executive Order 13526 but is (a) pertinent to the national interest of the United States or to the important interests of entities outside the Federal Government and (b) under law or policy requires protection from unauthorized disclosure special handling safeguards or prescribed limits on exchange or dissemination. For Official use Only (FOUO) is a document designation not a classification. This designation is used by Department of Defense (DoD) and a number of other federal agencies to identify information or material which although unclassified disclosure to the public of the information would reasonably be expected to cause a foreseeable harm to an interest protected by one or more provisions of the FOIA. This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974 as amended. FOUO must be marked controlled and safeguarded in accordance with DoD 5200.01 Vol. 4 DoD Information Security Program: Controlled Unclassified Information (CUI) February 24 2012 Security of Unclassified DoD Information on Non-DoD Information Systems (DoD 8582.01) DoD policy: adequate security be provided for all unclassified DoD information on non-DoD information systems. Appropriate requirements shall be incorporated into all contracts grants and other legal agreements with non-DoD entities. Information Safeguards are applicable to unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems to the extent provided by the applicable contract grant or other legal agreement with the DoD. Information Safeguards Unclassified DoD information that has not been cleared for public release may be disseminated by the contractor grantee or awardee to the extent required to further the contract grant or agreement objectives provided that the information is disseminated within the scope of assigned duties and with a clear expectation that confidentiality will be preserved. Examples include: a. Non-public information provided to a contractor (e.g. with a request for proposal) b. Information developed during the course of a contract grant or other legal agreement (e.g. draft documents reports or briefings and deliverables) c. Privileged information contained in transactions (e.g. privileged contract information program schedules contract-related event tracking) It is recognized that adequate security will vary depending on the nature and sensitivity of the information on any given non-DoD information system. However all unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems shall minimally be safeguarded as follows: a. Do not process unclassified DoD information on publically available computers (e.g. those available for use by the general public in kiosks or hotel business centers) b. Protect unclassified DoD information by at least one physical or electronic barrier (e.g. locked container or room logical authentication or logon procedure) when not under direct individual control of an authorized user. c. At a minimum overwrite media that have been used to process unclassified DoD information before external release or disposal. d. Encrypt all information that has been identified as CUI when it is stored on mobile computing devices such as laptops and personal digital assistants compact disks or authorized removable storage media such as thumb drives and compact disks using the best encryption technology available to the contractor or teaming partner. e. Limit transfer of unclassified DoD information to subcontractors or teaming partners with a need to know and obtain a commitment from them to protect the information they receive to at least the same level of protection as that specified in the contract or other written agreement. f. Transmit e-mail text messages and similar communications containing unclassified DoD information using technology and processes that provide the best level of privacy available given facilities conditions and environment. Examples of recommended technologies or processes include closed networks virtual private networks public key-enabled encryption and transport layer security (TLS) g. Encrypt organizational wireless connections and use encrypted wireless connections where available when traveling. If encrypted wireless is not available encrypt document files (e.g. spreadsheet and word processing files) using at least application-provided password protected level encryption. h. Transmit voice and fax transmissions only when there is a reasonable assurance that access is limited to authorized recipients. i. Do not post unclassified DoD information to website pages that are publicly available or have access limited only by domain or Internet protocol restriction. Such information may be posted to website pages that control access by user identification and password user certificates or other technical means and provide protection via use of TLS or other equivalent technologies during transmission. Access control may be provided by the intranet (vice the website itself or the application it hosts) j. Provide protection against computer network intrusions and data exfiltration minimally including: (1) Current and regularly updated malware protection services e.g. anti-virus anti-spyware. (2) Monitoring and control of both inbound and outbound network traffic (e.g. at the external boundary sub-networks individual hosts) including blocking unauthorized ingress egress and exfiltration through technologies such as firewalls and router policies intrusion prevention or detection services and host-based security services. (3) Prompt application of security-relevant software patches service packs and hot fixes. k. Comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g. medical proprietary critical program information (CPI) personally identifiable information export controlled) as specified in contracts grants and other legal agreements. l. Report loss or unauthorized disclosure of unclassified DoD information in accordance with contract grant or other legal agreement requirements and mechanisms. m. Do not use external IT services (e.g. e-mail content hosting database document processing) unless they provide at least the same level of protection as that specified in the contract or other written agreement. Operations Security Operations Security (OPSEC) is concerned with the protection of critical information: facts about intentions capabilities operations or activities that are needed by adversaries or competitors to bring about failure or unacceptable consequences of mission accomplishment. Critical information includes information regarding: - Operations missions and exercises test schedules or locations; - Location/movement of sensitive information equipment or facilities; - Force structure and readiness (e.g. recall rosters); - Capabilities vulnerabilities limitations security weaknesses; - Intrusions/attacks of DoD networks or information systems; - Network (and system) user IDs and passwords; - Movements of key personnel or visitors (itineraries agendas etc.); and - Security classification of equipment systems operations etc. The contractor subcontractors and their personnel shall employ the following countermeasures to mitigate the susceptibility of critical information to exploitation when applicable: - Practice OPSEC and facilitate OPSEC awareness; - Immediately retrieve documents from printers assessable by the public; - Shred sensitive and Controlled Unclassified Information (CUI) documents when no longer needed; - Protect information from personnel without a need-to-know; - When promulgating information limit details to that essential for legitimacy; - During testing and evaluation practice OPSEC methodologies of staging out of sight desensitization or speed of execution whenever possible. Section F - Deliveries or performance F.O.B. 52.247-29 FOB Origin Section G 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018) 232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE (NAVSEA) (JUN 2018) 232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019) 242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT 2018) 242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (OCT 2018) 242-W001 CONTRACT ADMINISTRATION FUNCTIONS (NAVSEA) (OCT 2018) Section I – Contract Clauses 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 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 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) 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 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 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 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 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) 252.204-7009 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) 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. (Jan 2018 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) 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) 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System 252.246-7008 Sources of Electronic Parts 52.252-1-Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2-Clauses Incorporated by Reference (Feb 1998) Section K - Representations, certifications, and other statements of offerors or respondents 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction (Feb 2016) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 52.212-3 Offeror Representations and Certifications-Commercial Items (Oct 2018) Section L - Instructions Conditions and Notices to Bidders 52.212-1 Instructions to Offerors—Commercial Items (Jan 2017) 52.204-7 System for Award Management (Jul 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.211-14 Notice of Priority Rating 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.217-5 Evaluation of Options (July 1990) 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Mar 2018) 204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2019) Section M – Evaluation Factors for Award 52.212-2 Evaluation Commercial Items FAR Part 13 Best value, SPRS past performance, price and delivery terms