Inactive Total Small Business Set-Aside (FAR 19.5)

COMBINED SYNOPSIS/SOLICITATION FOR NONCOMMERCIAL ITEMS Document Type: Combined Solicitation/Synopsis Solicitation Number: N63394-19-T-0146 Posted Date: 7/10/2019 Original Response Date: 7/14/2019 Curr... COMBINED SYNOPSIS/SOLICITATION FOR NONCOMMERCIAL ITEMS Document Type: Combined Solicitation/Synopsis Solicitation Number: N63394-19-T-0146 Posted Date: 7/10/2019 Original Response Date: 7/14/2019 Current Response Date: 7/14/2019 Product or Service Code: 1440 Set Aside: 100% Small Business Set Aside NAICS Code: 336419 Contracting Office Address: NAVAL SURFACE WARFARE CENTER PORT HUENEME DIVISION 4363 MISSILE WAY PORT HUENEME, CA. 93043-4307 Place of Delivery Address: NAVAL SURFACE WARFARE CENTER PORT HUENEME DIVISION BLDG 435 4363 MISSILE WAY PORT HUENEME, CA. 93043-4307 THIS IS COMBINED SYNOPSIS/SOLICITATION IS REPLACING N63394-19-T-0050 and N63394-19-T-0128 Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation will not be issued. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-03. The associated North American Industrial Classification System (NAICS) code for this procurement is 336419, with a Small Business Size Standard of 1,000 Sole Source: The Government intends to award a Sole Source Contract to Starwin Industries LLC for the procurement of the following: Upgraded Launcher Cell Covers in support of the Nato Sea Sparrow Missile System (NSSMS) MK 29 Guided Missile Launching System (GMLS). The upgrade is to provide safe on-mount storage and firing of the ESSM BLK2 for CVN/LHD/LHA class ships. P/N: 5362-A-001, QTY 2 (cell covers) and NRE-DESIGN, QTY 1 (Engineering design to upgrade cell cover to meet new specification requirement) NOTE: The Foam used for the Cell Covers is a Proprietary item of Starwin Industries LLC. The NSSMS Cell Covers were previously procured by the Government from Starwin Industries LLC. **REQUIRED DELIVERY DATE FOR ALL ITEMS: 210 DAYS AFTER CONTRACT AWARD DATE (ARO) ** **INSTALLATION WITHIN 30 DAYS AFTER DELIVERY** Defense Priorities and Allocations System This is not a rated order under the Defense Priorities and Allocations System instructions for Offerors: Submission of quotes shall be received not later than 7/14/2019. No hard copies of the solicitation will be mailed. Quotes must be submitted in portable document format (.pdf) by email to the Primary Point of Contact (POC) Mary L. Jones, at mary.jones@navy.mil . It is the responsibility of the offeror to submit offers to the POC at NSWC PHD by the closing date of 7/14/2019 12:00 p.m. PACIFIC STANDARD TIME. All changes to the requirement that occur prior to the closing date will be posted to FedBizOpps. It is the responsibility of interested vendors to monitor FedBizOpps for amendments that may be issued to this solicitation. For changes made after the closing date, only those offerors that provide a proposal will be provided any changes/amendments and considered for future discussions and/or award. Additionally, please provide the following information: CAGE Code? Tax ID# (if applicable)? GSA Contract Number (if applicable)? Country Items are Manufactured? Lead Time or Period of Performance? Shipping Charges (if applicable)? Is your company the OEM or proprietary for these products? Company Size (large or small)? Do you have distributors (if applicable)? Are the items quoted available on a commercial, published, or on-line price listing? Does your company accept Wide Area Work Flow (WAWF) for electronic invoicing? (http://wawf.eb.mil)? APPLICABLE SOLICITATION PROVISIONS •· FAR 52.204-7 System for Award Management. •· FAR 52.204-22 Alternative Line Item Proposal. •· DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials. •· DFARS 252.204-7007Alternate A, Annual Representations and Certifications. •· DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations. APPLICABLE CONTRACT CLAUSES •· FAR 52.204-13 System for Award Management Maintenance. •· FAR 52.204-19 Incorporation by Reference of Representations and Certification. •· FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. •· FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item. •· FAR 52.232-39 Unenforceability of Unauthorized Obligations. •· FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. •· FAR 52.243-1 Changes-Fixed Price. •· FAR 52.247-34 F.o.b. Destination. •· FAR 52.252-2 Clauses Incorporated by Reference. •· DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. •· DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights. •· DFARS 252.204-7003 Control of Government Personnel Work Product. •· DFARS 252.-204-7008 Compliance with Safeguarding Covered Defense Information Controls. •· DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. •· DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. •· DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. •· DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. •· DFARS 252.225-7048 Export Controlled Items. •· DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. •· DFARS 252.232-7006 Wide Area Workflow Payment Instructions. •· DFARS 252.232-7010 Levies on Contract Payments. •· DFARS 252.243-7001 Pricing of Contract Modifications. •· DFARS 252.244-7000 Subcontracts for Commercial Items. •· DFARS 252.247-7023 Transportation of Supplies by Sea. •· HQ G-2-0009 Supplemental Instructions Regarding Invoicing (NAVSEA)(APR 2015) 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JAN 2019). (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 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)). (ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). (iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). (vi) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (viii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (APR 1984). (ii) 52.232-8, Discounts for Prompt Payment (FEB 2002). (iii) 52.232-11, Extras (APR 1984). (iv) 52.232-25, Prompt Payment (JAN 2017). (v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013). (vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013). (vii) 52.233-1, Disputes (MAY 2014). (viii) 52.244-6, Subcontracts for Commercial Items (JAN 2019). (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more). (ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold). (iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more). (v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ''United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more). (vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf). (viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts). (B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies). (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)). (x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)) (xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities). (xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)). (xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners). (xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be-- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance). (xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices). (xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities. (xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000). (xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States). (xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.) (xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.) (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system. (ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000). (iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies). (iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin). (v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (Insert one or more Internet addresses) (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.