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Combined Synopsis/Solicitation Template This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as su... Combined Synopsis/Solicitation Template 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; quotes are being requested and a separate written solicitation will not be issued. This enclosure is an addendum to FAR Provision 52.212-1, Instructions to Offerors- Commercial Items, which applies to this acquisition. Competitive quotes are being requested under Request for Quote (RFQ) Number N66001-22-Q-6423. The North American Industry Classification System (NAICS) code applicable to this acquisition is 511210 – Software Publishers. This is a competitive solicitation using full and open competition. DESCRIPTION OF REQUIREMENTS The Government is requesting quotations for 455 maritime vessel data license subscriptions for a base year and 555 maritime vessel data license subscriptions per option year for four option periods. The required license subscriptions must provide commercial shipping data including vessel details such as: owner, operator, crew nationality, casualties, detentions, port inspections and deficiencies. The data must provide a world view of ship locations and destinations and must be able to be displayed without restrictions to the United States Government and partner nation users within SeaVision. See Attachment 1 for full list of minimum specifications. CLIN STRUCTURE: For Anticipated Contract Line Item Number (CLIN) structure, see Attachment (02) CLIN Structure. Please use this format to build your quote. ANTICIPATED LICENSE TERMS: License TermQuantityStart DateEnd Date Base45530 Sept 202229 Sept 2023 Option 155530 Sept 202329 Sept 2024 Option 255530 Sept 202429 Sept 2025 Option 355530 Sept 202529 Sept 2026 Option 455530 Sept 202629 Sept 2027 Method of Delivery: License subscriptions are expected to be delivered through electronic means. (Email addresses will be provided upon award) OFFEROR INSTRUCTIONS The Government intends to award a firm-fixed price (FFP) purchase order resulting from this solicitation to the responsible quoter whose quotation, conforming to the solicitation, is most advantageous to the Government, as defined in the "EVALUATION FACTORS FOR AWARD" Section below. A complete quote must be received for consideration. Respond to each item listed below, if the response is "None" or "Not Applicable," explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for award. A complete quote includes a response and submission to each of the following: 1.General Information: Quoter Business Name, Address, Cage and UEID Codes (ensure Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contract (to include telephone and e-mail address). FAR provision 52.212-3, Alternate I, Offeror Representations and Certifications- Commercial Items, applies to this acquisition. Quoters must include a completed copy of this provision with quote. 2.Technical Documentation: a.Technical Approach or Specifications: Quoters are encouraged to submit pictures, brochures and other pertinent technical information to facilitate the evaluation. The quote must address and meet the requirements/specifications, as defined under Technical Factor I below and specifications identified on Attachment 1 Minimum Specifications. b.Sustainable Acquisitions Information and Certification: The contractor shall comply with all sustainable acquisition policies in an effort to minimize the Government's environmental impact and deliver community benefits through better selection and improved usage of products and services. In accordance FAR 23, sustainable acquisition policies apply to both contracts for supplies and services that require the delivery, use, or furnishing of products/services to the Government. Indicate if any the following sustainable acquisition categories apply to any products or services proposed: Energy Efficient, Water Efficient, Recycled, Bio-Based, Environmentally Preferable, Non-ozone depleting substances, Less Toxic and/or Less GHGs. c.Counterfeit Information Technology (IT) Certification: The following IT related statement applies to all IT items and each offeror must explicitly confirm and submit supporting documentation, as needed: The offeror certifies that the product(s) being delivered are new and in their original packaging. The subject product(s) are eligible for all manufacturer warranties and other ancillary services or options provided by the original manufacturers, authorized suppliers, or suppliers that obtain parts from the manufacturer or its authorized supplier. The offeror further certifies that it is authorized by the manufacturer to sell the product(s). The offeror is required to submit documentation identifying its supply chain for the product(s). Within the aforementioned documentation, the offeror shall also identify the country of manufacture and indicate one of the following, if applicable: •Manufacturing occurs in the U.S., but more than 50% of the cost of components is from foreign/nonqualifying country content •Originally foreign manufactured products substantially transformed in the United States or a designated country The offeror assumes responsibility for authenticity. Costs of counterfeit parts are unallowable unless the conditions set forth in DFARS 231.205-71(b) are met. By making an offer, the offeror acknowledges that a full or partial termination for default/cause for non- compliant awarded items may occur if any of the products provided are not recognized or acknowledged by the manufacturer as new products eligible for warranties and all other ancillary services or options provided by the manufacturer, or the offeror was not authorized by the manufacturer to sell the product in the U.S. 3.Price Quote: Submit complete pricing for each individual item listed in the "DESCRIPTION OF REQUIREMENTS" Section above to include the unit price, the extended price for each line item and a total price in US Dollars ($). 4.Commercial Warranty: If applicable, provide the terms and length of the Workmanship and/or Manufacturer Warranty on the product(s) and/or services included in the proposed purchase price. EVALUATION FACTORS FOR AWARD: Basis for Award: The Government intends to award a purchase order to the responsive, responsible vendor, whose quote, conforming to the RFQ, is most advantageous to the Government, price and non- price factors considered. Technical, price, and past performance factors will be used to evaluate quotes. The vendor must be registered in the System for Award Management (SAM). The Government reserves the right to award no contract at all, depending on the quality of quotes received and availability of funds. As this is a competitive supply procurement using FAR Part 13 procedures, the basis for award will consider the suppliers' past performance data in the Supplier Performance Risk System (SPRS) for the FSC and PSC of the supplies being purchased. (see DFARS 213.106-2(b)(i)) Factor I- Technical: The Government will evaluate the quote to see if the specification requirements, as defined in paragraph 2 above and Minimum Specifications found in Attachment 1, are met, to include all information required for a complete quote. Factor II- Price: The Government will evaluate the total price to determine if it is fair and reasonable. Factor III – Past Performance: The Government will evaluate past performance by reviewing sources that may include, but are not limited to, information from Government personnel and information from sources such as the Federal Awardee Performance and Integrity Information System (FAPIIS) and SPRS as stated in the basis of award. DUE DATE AND SUBMISSION INFORMATION Eligible Quoters: All vendors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means vendors shall have registered CAGE and UEID Codes. Page Limitations: None. Formatting Requirements: Submit quotes in electronic PDF or Excel format. Questions Due Date and Submission Requirements: All questions must be received before solicitation due date and time. Questions must be uploaded on the NAVWAR e-Commerce portal at https://e-commerce.sscno.nmci.navy.mil, under NIWC Pacific/ Open Solicitations/ N66001-22-Q-6423. Include RFQ # N66001-22-Q-6423 on all inquiries. Questions may be addressed at the discretion of the Government. RFQ Due Date and Submission Requirements: This RFQ closes on Friday, 19 August 2022 at 12:00 AM Pacific Time. Quotes must be uploaded on the NAVWAR e-Commerce website at https://e- commerce.sscno.nmci.navy.mil, under NIWC Pacific/ Open Solicitations/ N66001-22-Q-6423. Email quotes and late quotes may not be accepted. NAVWAR e-Commerce website assistance: For e-Commerce technical issues, contact the NIWC Paperless Initiatives Help Desk at 858-537-0644 or paperless.spawar@navy.mil. Government RFQ Point of Contact: The Contract Specialist point of contact for this solicitation is Jose Neri at josedejesus.neri.civ@us.navy.mil. Reference RFQ# N66001-22-Q-6423 on all email exchanges regarding this acquisition. RFQ ATTACHMENTS 1.C1.5 ATTACHMENT (01) MINIMUM SPECIFICATIONS 2.C1.5 ATTACHMENT (02) CLIN STRUCTURE 3.C1.5 ATTACHMENT (03) REPS & CERTS 52.204-24 4.C1.5 ATTACHMENT (04) PROVISION 252.225-7055 5.C1.5 ATTACHMENT (05) REPS & CERTS 52.204-26 6.C1.5 ATTACHMENT (06) REPS & CERTS 252.204-7016 and 252.204-7017 APPLICABLE PROVISIONS AND CLAUSES This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-06 dated 26 May 2022, and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20220623. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations. The current versions (as of the date of the RFQ) of the following FAR/DFARS provisions, incorporated by reference, apply to this acquisition: 52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26, Covered Telecommunications Equipment or Services- Representation 52.212-1, Instructions to Offerors- Commercial Items 52.212-3, Alternate 1, Offeror Representations and Certifications- Commercial Items 252.203-7005, Representation Relating to Compensation of Former DoD Officials 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services- Representation 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations 252.225-7055, Representation Regarding Business Operations with the Maduro Regime 252.239-7017, Notice of Supply Chain Risk FAR Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (as of the date of the RFQ), applies to this acquisition and includes the following selected clauses by reference, in addition to the standard clauses therein: 52.203-6, Restrictions on Subcontractor Sales to the Government 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns 52.219-8, Utilization of Small Business Concerns 52.219-28, Post-Award Small Business Program Representation 52.222-3, Convict Labor 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33, Payment by Electronic Funds Transfer- System for Award Management The current version of the following FAR and DFARS clauses (as of the date of the RFQ), incorporated by reference, apply to this acquisition: 52.203-12, Limitation on Payments to Influence Certain Federal Transactions 52.204-13, System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code 52.212-4, Contract Terms and Conditions – Commercial Items 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7002, Requirement to Inform Employees of Whistleblower Rights 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Service 252.211-7003, Item Unique Identification and Valuation 252.211-7008, Use of Government-Assigned Serial Numbers 252.215-7008, Only One Offer 252.223-7008, Prohibition of Hexavalent Chromium 252.225-7028, Exclusionary Policies & Practices of Foreign Governments 252.225-7052, Restriction on the Acquisition of Tantalum 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7006, Wide Area Workflow Payment Instructions 252.232-7010, Levies on Contract Payments 252.232-7017, Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration 252.239-7018, Supply Chain Risk 252.243-7002, Request for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items 252.247-7023, Transportation of Supplies by Sea—Basic The following additional provision(s) and clause(s) incorporated in full text, (as of the date of the RFQ) apply to this solicitation: 52.217-9 Option to Extend the Term of the Contract (a) The Government may extend the term of this contract by written notice to the Contractor; as long as that the Government gives the Contractor a preliminary written notice of its intent to extend before the base period expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of clause) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (Deviation 2020-O0019) Revision 2 (a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in— (1) Israel, and the anticipated value of the acquisition is $50,000 or more; (2) Mexico, and the anticipated value of the acquisition is $92,319 or more; or (3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $183,000 or more. (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials. (c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations: (1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products. (2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. (3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes. (4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d) Remedies. (1) The Contracting Officer may terminate the contract. (2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. (3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4. (End of clause) 52.252-1, Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far (FAR provisions and deviations) and https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ (DFARS provisions) (End of provision) 52.252-2, Clauses Incorporated by Reference 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): https://www.acquisition.gov/browse/index/far (FAR clauses and deviations) and https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ (DFARS clauses). (End of Clause) 52.252-6, Authorized Deviations in Clauses (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION" after the name of the regulation. (End of clause) 252.217-7000Exercise of Option to Fulfill Foreign Military Sales Commitments. EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS—BASIC (a) The Government may exercise the option(s) of this contract to fulfill foreign military sales commitments. (b) The foreign military sales commitments are for: Philippines 1003, 2003, 3003, 4003 (Insert name of country) (Insert applicable CLIN) Bangladesh1004, 2004, 3004, 4004 (Insert name of country) (Insert applicable CLIN) SRI Lanka 1005, 2005, 3005, 4005 (Insert name of country) (Insert applicable CLIN) Malaysia 1006, 2006, 3006, 4006 (Insert name of country) (Insert applicable CLIN) Vietnam 1007, 2007, 3007, 4007 (Insert name of country) (Insert applicable CLIN) Indonesia1008, 2008, 3008, 4008 (Insert name of country) (Insert applicable CLIN) Thailand 1009, 2009, 3009, 4009 (Insert name of country) (Insert applicable CLIN) Ukraine 1010, 2010, 3010, 4010 (Insert name of country) (Insert applicable CLIN) Bulgaria 1011, 2011, 3011, 4011 (Insert name of country) (Insert applicable CLIN) Georgia 1012, 2012, 3012, 4012 (Insert name of country) (Insert applicable CLIN) TBD 1013-1024 (Insert name of country) (Insert applicable CLIN) TBD 2013-2024 (Insert name of country) (Insert applicable CLIN) TBD 3013-3024 (Insert name of country) (Insert applicable CLIN) TBD 4013-4024 (Insert name of country) (Insert applicable CLIN) (End of clause) 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to-- (1) A bona fide employee of the Contractor; or (2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. (b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract: (1) For sales to the Government(s) of Philippines, Bangladesh, Sri Lanka, Malaysia, Vietnam, Indonesia, Thailand, Ukraine, Bulgaria, and Georgia, contingent fees in any amount. (2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case. (End of Clause) H-3 LIMITED RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (a) Definition. "Confidential Business Information," (information) as used in this text, is defined as all forms and types of financial, business, economic or other types of information other than technical data or computer software/computer software documentation, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if -- (1) the owner thereof has taken reasonable measures to keep and protect such information, and (2) the information derives independent economic value, actual or potential from not being generally known to, and not being readily ascertainable through proper means by, the public. Information does not include technical data, as that term is defined in DFARS 252.227-7013(a)(14), 252.227-7015(a)(4), and 252.227-7018(a)(19). Similarly, information does not include computer software/computer software documentation, as those terms are defined in DFARS 252.227-7014(a)(4) and 252.227-7018(a)(4). (b) The Naval Information Warfare Systems Command (NAVWAR) may release to individuals employed by NAVWAR support contractors and their subcontractors. Information submitted by the contractor or its subcontractors pursuant to the provisions of this contract. Information that would ordinarily be entitled to confidential treatment may be included in the information released to these individuals. Accordingly, by submission of a proposal or execution of this contract, the offeror or contractor and its subcontractors consent to a limited release of its information, but only for purposes as described in paragraph (c) of this text. (c) Circumstances where NAVWAR may release the contractor's or subcontractors' information include the following: (1) To other NAVWAR contractors and subcontractors, and their employees tasked with assisting NAVWAR in handling and processing information and documents in the administration of NAVWAR contracts, such as file room management and contract closeout; and, (2) To NAVWAR contractors and subcontractors, and their employees tasked with assisting NAVWAR in accounting support services, including access to cost-reimbursement vouchers. (d) NAVWAR recognizes its obligation to protect the contractor and its subcontractors from competitive harm that could result from the release of such information. NAVWAR will permit the limited release of information under paragraphs (c)(1) and (c)(2) only under the following conditions: (1) NAVWAR determines that access is required by other NAVWAR contractors and their subcontractors to perform the tasks described in paragraphs (c)(1) and (c)(2); (2) Access to information is restricted to individuals with a bona fide need to possess; (3) Contractors and their subcontractors having access to information have agreed under their contract or a separate corporate non-disclosure agreement to provide the same level of protection to the information that would be provided by NAVWAR employees. Such contract terms or separate corporate non-disclosure agreement shall require the contractors and subcontractors to train their employees on how to properly handle the information to which they will have access, and to have their employees sign company non-disclosure agreements certifying that they understand the sensitive nature of the information and that unauthorized use of the information could expose their company to significant liability. Copies of such employee non-disclosure agreements shall be provided to the Government; and (4) NAVWAR contractors and their subcontractors performing the tasks described in paragraphs (c)(1) or (c)(2) have agreed under their contract or a separate non-disclosure agreement to not use the information for any purpose other than performing the tasks described in paragraphs (c)(1) and (c)(2). (e) NAVWAR's responsibilities under the Freedom of Information Act are not affected by this text. (f) The contractor agrees to include, and require inclusion of, this text in all subcontracts at any tier that requires the furnishing of information. (End of clause)