Inactive Total Small Business Set-Aside (FAR 19.5)

The purpose of Amendment 5 of this solicitation is to update Attachment J.3 Statement of Work/Performance Work Statement and Exhibit A Contract Data Requirements List under the Attachments/Links. The ... The purpose of Amendment 5 of this solicitation is to update Attachment J.3 Statement of Work/Performance Work Statement and Exhibit A Contract Data Requirements List under the Attachments/Links. The purpose of Amendment 4 of this solicitation, is to clarify and simplify Factors 1 and 2 under Section M as follows: Factor 1: Ballistic Performance/Material Data Basis for evaluation: Factor 1 will be evaluated as an overall factor with two subfactors. The Government will evaluate the degree to which the Offeror's approach conforms to the Attachment J-1, Purchase Description, Body Armor, NTV NQ/PD 23-01, Attachment J-2 NTV Quality Assurance Letter of Instruction (QALI), Attachment J-3 Statement of Work/Performance Work Statement, and Exhibit A Contract Data Requirements List. The Offeror shall provide ballistic material data in the sequence provided below. a. Ballistic Performance The Offeror shall provide ballistic test data relevant to the ballistic performance requirements of the SOW and Attachment J-1 NQ/PD23-01. All test data sheets shall originate from a National Institute of Justice (NIJ) certified lab. (1) Offeror shall provide NIJ certification letter for the ballistic package proposed for this solicitation (2) Offeror shall provide the test data sheets that support the NIJ certification. (3) Offeror shall provide test data sheets for V50, dry, zero-degree obliquity fragmentation threats per Appendix D of Attachment J-1 NQ/PD23-01. (4) Offeror shall provide other certifications to which the proposed NTV ballistic package has qualified. These certifications shall be on certifying organization's letter head. b. Ballistic Material The Offeror shall provide description of ballistic material from an ISO/ICE 17025 accredited laboratory in the sequence below. (1) Offeror shall provide the areal density of the ballistic filler measured without a cover in accordance with ASTM D3776, except units shall be expressed in lb/ft2. (2) Offeror shall provide thickness (thinness) of ballistic filler measured without a cover to the nearest 0.01 inch when measured under 0.5 psi when tested in accordance with ASTM D1777. (3) Offeror shall list material fiber types used in proposed ballistic package and where used (which layer). Factor 2: Manufacturing Capability Basis for evaluation: Factor 2 will be evaluated as an overall factor with no subfactors. The Offeror shall confirm their ability to produce 144 NTV (M and L variants) and 3 shoot packs and present to DCMA 60 days after contract award. Offeror shall briefly describe production and quality assurance process to deliver a reliable product conforming to solicitation requirements. The purpose of Amendment 3 of this solicitation, was to add the sentence below to Section F: CLINs 0001 through 0009 all have a desired date of delivery to DCMA no later than 60 Days after Contract Award (DAC), or sooner, at no additional cost to the Government. The purpose of Amendment 2 of this solicitation, is to inform vendors that the attachments to this solicitation shall be accessed through SAM.gov exclusively from this date forward. This amendment will also add Section B - Supplies or services and prices/cost information. The purpose of Amendment 1 of this solicitation, was to update the paragraph below: Based on Market Research results obtained from the sources sought notice associated with this action, two companies presented interest and received RFQ's. However, the Government intends, upon request, to issue more RFQ’s to other interested parties while this announcement is opened. N61331-23-SN-Q32 COMBINED SYNOPSIS/SOLICITATION: This is a combined synopsis/solicitation. NSWC PCD intends to award one or more orders for the Naval Security Forces Tactical Vest – Maritime and Law Enforcement (NTV-M and NTV-L) variants as follows: This requirement is a Small Business Set-Aside. The associated North American Industrial Classification System (NAICS) code for this procurement is 315990 with a small business size standard of 600 employees. Based on Market Research results obtained from the sources sought notice associated with this action, two companies presented interest and received RFQ's. However, the Government intends, upon request, to issue more RFQ’s to other interested parties while this announcement is opened. Section B - Supplies or services and prices/costs CLIN 0001, NTV-M, Size Small, 11 each CLIN 0002, NTV-M, Size Medium, 30 each CLIN 0003, NTV-M, Size Large, 24 each CLIN 0004, NTV-M, Size Extra Large, 6 each CLIN 0005, NTV-L, Size Small, 12 each CLIN 0006, NTV-L, Size Medium, 30 each CLIN 0007, NTV-L, Size Large, 23 each CLIN 0008, NTV-L, Size Extra Large, 8 each CLIN 0009, NTV LAT V50 Shoot Packs, 3 each D-247-H005 MARKING AND PACKING LIST(S) – ALTERNATE I (NAVSEA) (OCT 2018) 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 Section I – Contract Clauses 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.211-14 Notice of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.211-14 Notice of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) 52.212-4 Contract Terms and Conditions -- Commercial Items (Dec 2022) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (Dec 2022) 52.222-50 Combatting Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.243-1 Changes Fixed-Price (Aug 1987) 52.245-1 Government Property (Sep 2021) 52.246-2 Inspection of Supplies-Fixed-Price. 52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998) 52.252-2 Clauses Incorporated By Reference (Feb 1998) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) 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 (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) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2023) 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Mar 2022) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Jan 2023) 252.211-7007 Reporting of Government-Furnished Property (Mar 2022) 252.213-7000 Notice to Prospective Suppliers on Use of SPRS (Sep 2019) 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors (Jan 2023) 252.223-7004 Drug Free Work Force (Sep 1988) 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023) 252.225-7012 Preference for Certain Domestic Commodities (Apr 2022) 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (Jan 2023) 252.225-7048 Export Controlled Items (Jun 2013) 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (Jan 2023) 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (Jan 2023) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (Jan 2023) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (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) 252.243-7002 Requests for Equitable Adjustment (Dec 2022) 252.244-7000 Subcontracts for Commercial Products or Commercial Services (Jan 2023) 252.245-7002 Reporting Loss of Government Property (Jan 2021) 252.245-7003 Contractor Property Management System Administration (Apr 2012) 252.245-7004 Reporting, Reutilization, and Disposal (Dec 2017) 252.246-7003 Notification of Potential Safety Issues (Jan 2023) 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System (Jan 2023) 252.246-7008 Sources of Electronic Parts (Jan 2023) Section F - Deliveries or Performance Hardware Deliveries CLINs 0001 through 0009 all have a desired date of delivery to DCMA no later than 60 Days after Contract Award (DAC), or sooner, at no additional cost to the Government. Section J – List of Documents, Exhibits and Other Attachments ATTACHMENTS DOCUMENT DESCRIPTION PAGES DATE Attachment J-1 Purchase Description, Body Armor, NTV NQ/PD 23-01 98 26 July 2023 Attachment J-2 NTV Quality Assurance Letter of Instruction (QALI) 3 N/A Attachment J-3 Performance Work Statement 13 N/A Exhibit A Contract Data Requirements List 2 26 June 2023 Section K – Representations, Certifications, and Other Statements of Offerors 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 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) 52.204-26 Covered Telecommunications Equipment or Services—Representation (Oct 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction (Feb 2016) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation (Dec 2016) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Sep 2022) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation (May 2021) 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Sep 2019) 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (May 2022) 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Certification (Dec 2022) Section L – Instructions, Conditions, and Notices to Bidders 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-- (1) Is set aside for small business and has a value above the simplified acquisition threshold; (2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers: (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) Reserved. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (7) Offeror’s shall provide their respective DCMA office and point of contact. (End of provision) Section M – Evaluation Factors for Award 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: Factor 1: Ballistic Performance/Material Data Basis for evaluation: Factor 1 will be evaluated as an overall factor with two subfactors. The Government will evaluate the degree to which the Offeror's approach conforms to the Attachment J-1, Purchase Description, Body Armor, NTV NQ/PD 23-01, Attachment J-2 NTV Quality Assurance Letter of Instruction (QALI), Attachment J-3 Statement of Work/Performance Work Statement, and Exhibit A Contract Data Requirements List. The Offeror shall provide ballistic material data in the sequence provided below. a. Ballistic Performance The Offeror shall provide ballistic test data relevant to the ballistic performance requirements of the SOW and Attachment J-1 NQ/PD23-01. All test data sheets shall originate from a National Institute of Justice (NIJ) certified lab. (1) Offeror shall provide NIJ certification letter for the ballistic package proposed for this solicitation (2) Offeror shall provide the test data sheets that support the NIJ certification. (3) Offeror shall provide test data sheets for V50, dry, zero-degree obliquity fragmentation threats per Appendix D of Attachment J-1 NQ/PD23-01. (4) Offeror shall provide other certifications to which the proposed NTV ballistic package has qualified. These certifications shall be on certifying organization's letter head. b. Ballistic Material The Offeror shall provide description of ballistic material from an ISO/ICE 17025 accredited laboratory in the sequence below. (1) Offeror shall provide the areal density of the ballistic filler measured without a cover in accordance with ASTM D3776, except units shall be expressed in lb/ft2. (2) Offeror shall provide thickness (thinness) of ballistic filler measured without a cover to the nearest 0.01 inch when measured under 0.5 psi when tested in accordance with ASTM D1777. (3) Offeror shall list material fiber types used in proposed ballistic package and where used (which layer). Factor 2: Manufacturing Capability Basis for evaluation: Factor 2 will be evaluated as an overall factor with no subfactors. The Offeror shall confirm their ability to produce 144 NTV (M and L variants) and 3 shoot packs and present to DCMA 60 days after contract award. Offeror shall briefly describe production and quality assurance process to deliver a reliable product conforming to solicitation requirements. Factor 3: Price This effort is firm-fixed-price. As a result, the risk of price escalation is on the Contractor and not the Government. Therefore, the Government will not conduct a price realism analysis. The Government will only evaluate the total proposed price for reasonableness. To determine the total evaluated price, the Government will add the “Amount” column for all of the CLINs in Section B. The Government anticipates adequate price competition and adequate price competition typically establishes reasonableness. However, the Government reserves the right to use other methods to determine reasonableness, but is not obligated to do so. The Government may reject a price proposal if it is materially unbalanced between line items or subline items. Factor 4: Past Performance Pass/Fail based on SPRS, CPARS, FAPIIS data. The Offeror’s shall submit a maximum of three past performance references including but not limited to prior similar, relevant historical from sales to Federal, State, or commercial entities. The Offeror shall provide a narrative or tailored capability statement limited to 5 pages. Factors 1 and 2 are equal in importance and when combined are more important than Factor 3, Price. However, as competing proposals approach technical equality, Factor 3, Price will increase in importance. Factor 4 will be evaluated as stand-alone. (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)