Inactive Total Small Business Set-Aside (FAR 19.5)

This is a combined synopsis and solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Item... This is a combined synopsis and solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a written solicitation will not be issued. This solicitation will be open for less than 15days, in accordance with FAR 5.203(a)(2). Request for Quotation (RFQ) number is N66604-21-Q-0095. This requirement is being solicited on a Sole Source basis to Marway Power Solutions, as concurred with by the Office of Small Business. The North American Industry Classification Standard (NAICS) Code for this acquisition is 335311 - Power, Distribution, and Specialty Transformer Manufacturing. The Small Business Size Standard is 750 employees. The basis for determining the Sole Source is detailed in the attached Sole Source Justification. The notice of intent is not a request for competitive proposals. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered for the purpose of determining whether to conduct a competitive requirement in the future. The Naval Undersea Warfare Center Division, Newport intends to issue Firm-Fixed Price purchase order for ten (10) Power Distribution Units, as detailed below. Part number MPD 411425-013, 65VAC/115VAC Delta 20A 50/60Hz 1 PH DUA (qty. 10). CLIN 0001: Marway Power Solutions Power Distribution Units (PDU), 65VAC/115VAC Delta 20A 50/60Hz 1 PH DUA; P/N: MPD 411425-015; QTY 10 each 0002: Shipping (If Applicable); QTY: 1 job Required delivery: 26 weeks ARO. F.O.B. Destination to Naval Station Newport, Newport, RI 02841. Offeror shall include price, shipping costs, and the following additional information with the submissions: point of contact (including phone number and email address), Offeror CAGE, Offeror DUNS number, and shall include a validity date of no less than 60 days from due date for receipt of offers. The Government has determined that this requirement is not Electronic and Information Technology (EIT) related; therefore, Section 508 does not apply. Offeror shall complete and submit FAR Provision 52.204-24 ‘Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment’ (AUG 2020), which is included as an attachment to the solicitation. Incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular (FAC). The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items applies to this solicitation. The provision at FAR 52.212-2, Evaluation - Commercial Items applies to this solicitation. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items applies to this solicitation. Clauses 52.212-4, Contract Terms and Conditions - Commercial Items and 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items apply to this solicitation - The additional following FAR clauses cited in 52.212-5 are applicable to the acquisition: -- 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2); -- 52.222-3, Convict Labor (June 2003); -- 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018); -- 52.222-21, Prohibition of Segregated Facilities -- 52.222-26, Equal Opportunity (Sep 2016); -- 52.222-35, Equal Opportunity for Veterans (Oct 2015); -- 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014); -- 52.222-37, Employment Reports on Veterans (Feb 2016); -- 52.222-50, Combating Trafficking in Persons (JAN 2019); -- 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011); -- 52.225-13, Restrictions on Certain Foreign Purchases (June 2008). DFARS 252.204-7008,Compliance with Safeguarding Covered Defense Information Controls; 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information; 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting; and 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support apply to this solicitation. FAR 52.204-25 ‘ ‘ (AUG 2020) is incorporated by full text below: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) (a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means– (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause) Full text of incorporated FAR/DFARS clauses and provisions may be accessed electronically at https://acquisition.gov/far/. In order to be determined technically acceptable, items must meet the requirements of the specifications and item descriptions detailed above as well as be new; no used or refurbished items will be allowed. In accordance with DFARS Clause 252.211-7003, the contractor shall provide a unique item identifier (UID) for all delivered items for which the Government's unit acquisition cost is $5,000.00 or more. If UID applies, payment will be via Wide Area Workflow (WAWF). Contractors must be registered in the System for Award Management (SAM) (https://www.sam.gov/portal/public/SAM/) to be eligible for award, pursuant to applicable regulations and guidelines. Instructions for registration are available on the SAM website. Offers shall be submitted electronically to Nicholas Salzano at Nicholas.salzano@navy.mil and must be received on or before Friday, 4 December 2020 at 2:00PM Eastern Standard Time (EST). Offers received after this date and time may not be considered for award. For questions regarding this acquisition, please contact Nicholas Salzano at Nicholas.salzano@navy.mil.