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RFQ No. N66001-22-Q-6530 Issue Date: 2 September 2022 Combined Synopsis/Solicitation This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acq... RFQ No. N66001-22-Q-6530 Issue Date: 2 September 2022 Combined Synopsis/Solicitation 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-6530. The North American Industry Classification System (NAICS) code applicable to this acquisition is 334515 - Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals. The small business size standard is 750 employees. This procurement is a Total Small Business Set-Aside. Only quotes submitted by Small Business Concerns will be accepted by the Government. Quotes submitted by non- Small Business Concerns will not be considered for award. DESCRIPTION OF REQUIREMENTS The Government is seeking to issue a purchase order for Brand Name Gill Instruments Anemometers. This is a brand name only requirement. Quoters must be authorized Gill Instruments resellers. Research Anemometer R3-50 Manufacturer: Gill Instruments Part Number: 1210-PK-085 Qty: 5 Transport Case Manufacturer: Gill Instruments Part Number: 1210-30-074 Qty: 5 The expected delivery date is NLT 4-7 weeks After Receipt of Order (ARO). The Government is seeking Free on Board (FOB) Destination pricing to the following location: San Diego, CA 92110 (full address will be provided at award) OFFEROR INSTRUCTIONS The Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation represents the Lowest Price Technically Acceptable (LPTA) offer as defined in the "EVALUATION FACTORS FOR AWARD" Section below. 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 contract award. A complete quote includes a response and submission to each of the following: 1. General Information: Quoter Business Name, Address, Cage and DUNS 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. 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. Authorized Source Confirmation: The following product certification statement below applies to all CLINS and each offeror must submit supporting documentation, as needed: To be considered for award, the offeror/contractor is required to submit documentation confirming that they are an authorized source. An "Authorized Source" is defined as the original manufacturer, a source with the express written authority of the original manufacturer or current design activity, or an authorized aftermarket manufacturer. 3. Price Quote: Submit complete pricing for each individual item listed in the table above to include the unit of issue, the extended price for each line item and a total price in US Dollars ($). Note: Ensure FOB Destination shipping costs are included in the pricing. 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 contract to the lowest priced, technically acceptable offeror, who is registered in the System for Award Management (SAM); however, the Government reserves the right to award no contract at all, depending on the quality of quotes received and availability of funds. A quote will be considered non-responsive if technical acceptability is not met. Technical Acceptability is defined in Factor I below. 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 and verify if the following specification requirements are met to include all information required for a complete quote as defined in paragraph 2 above: This requirement contains supplies that are Brand Name pursuant to FAR 11.105, Items Peculiar to One Manufacturer. To be considered for award, the offeror is required to certify that the product being offered is an original and new Gill Instruments products. The Government will only accept the required brand name product. Factor II – Price: The Government will evaluate the total price to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The total firm- fixed-price shall include all applicable shipping, and handling costs to the shipping location listed above as outlined in paragraph 3 above. Notice: Any quote rated "Unacceptable" under any one of the above factors may be determined to be ineligible for contract 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; and text shall be formatted on an 8 ½ by 11 inch page in 12 point Times New Roman font. 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-6530. Include RFQ # N66001-22-Q-6530 on all inquiries. Questions may be addressed at the discretion of the Government. RFQ Due Date and Submission Requirements: This RFQ closes on Thursday September 8 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-6530. 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. RFQ ATTACHMENTS: COMPLETE AND RETURN ATTACHMENTS 1-4 WITH YOUR QUOTE. 1. C1.5 ATTACHMENT (01) REPS & CERTS 52.204-24 2. C1.5 ATTACHMENT (02) REPS & CERTS 252.225-7055 3. C1.5 ATTACHMENT (03) REPS & CERTS 52.204-26 4. C1.5 ATTACHMENT (04) 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) 2022-07 dated 10 Aug 2022, and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20220826. 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 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 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 clauses by reference: 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 52.219-6, Notice of Total Small Business Set-Aside 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 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 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: 52.204-13, 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 252.204-7022, Expediting Contract Closeout 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 252.223-7008, Prohibition of Hexavalent Chromium 252.225-7001, Buy American And Balance Of Payments Program-- Basic 252.225-7012, Preference For Certain Domestic Commodities 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime 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 252.244-7000, Subcontracts for Commercial Items 252.246-7008, Sources of Electronic Parts 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: 52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEVIATION 2020-O0019) (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. 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) 52.252-5, Authorized Deviations in Provisions (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (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) 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)