Inactive Total Small Business Set-Aside (FAR 19.5)

The purpose of Amendment 0004 is to revise the quantity in the CLIN description box from 12 months to 1 Job. Per the solicitation, the Government’s anticipated period of performance is date of award t... The purpose of Amendment 0004 is to revise the quantity in the CLIN description box from 12 months to 1 Job. Per the solicitation, the Government’s anticipated period of performance is date of award through 30 June 2023. All other terms and conditions remain unchanged. The purpose of Amendment 0003 is to respond to the following industry question. Question: Why was this changed to small business? Answer: Initial market research indicated offers would be obtained from at least two or more SDVOSB responsible business concerns, per FAR 19.502. Further research does not support this rule. All other terms and conditions remain unchanged. The purpose of Amendment 0002 is to: 1. Extend the proposal due date and time to Monday, September 19, 2022 at 14:00pm EST. 2. Revise the 100% Service-Disabled Veteran-Owned Small Business Set Aside to 100% Total Small Business Set Aside. 3. Respond to questions from industry as follows: QUESTION #1: Would the Government consider the use of a different NAICS code such as 541330 for the RFQ/Notice ID N66604-22-Q-0426? ANSWER #1: NAICS Code 561110 shall be used for this procurement. All other terms and conditions remain unchanged. The purpose of Amendment 0001 is to: 1. Respond to questions from industry as follows: QUESTION #1: Is this a brand new contract, or was there an incumbent performing these services? If not brand new, could you please provide the current / previous contract number? ANSWER #1: This is a patrial services follow on for Seaport Task Order N00178-04-D-4083/N66604-18-F-3015. All other terms and conditions remain unchanged. PLEASE READ THIS ENTIRE NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED. This is a combined synopsis and solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes as the only solicitation; quotations are being requested and a written solicitation will not be issued. This synopsis/solicitation will be open for less than 30 days, in accordance with FAR 5.203(b). The Request for Quotation (RFQ) Number is N6660422Q0426. This procurement is solicited as a 100% Total Small Business Set Aside as concurred with by the Naval Undersea Warfare Center Division, Newport (NUWCDIVNPT) Office of Small Business Programs. The North American Industry Classification System (NAICS) Code for this acquisition is 561110. The Small Business Size Standard is $11M. The Naval Undersea Warfare Center Division, Newport intends to award a FFP contract for administrative services as specified in the Statement of Work (SOW), provided as Attachment 1, as follows. Item Description Quantity CLIN 0001 Administrative Services in accordance with the SOW 1 Job The Period of Performance is 30 September 2022, or sooner, through 30 June 2023. Incorporated provisions and clauses are those in effect through the current Federal Acquisition Circular, which may be accessed at: FAR: https://www.acquisition.gov/far/ DFARS: https://www.acq.osd.mi1/dpap/dars/dfarspgi/current/index.html The following clauses and provisions apply to this solicitation: FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.212-1 Instructions to Offerors- Commercial Items FAR 52.212-2, Evaluation - Commercial Items FAR 52.212-3 (ALT 1), Offeror Representations and Certifications--Commercial Items FAR 52.212-4, Contract Terms and Conditions--Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) 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 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements H-209-H004 ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA) (DEC 2018) (a) "Organizational Conflict of Interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. "Person" as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises. (b) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a). (c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment or services that are the subject of any work under this contract shall be limited as described below in accordance with the requirements of FAR 9.5. (d) The contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government: (1) any information provided to the Contractor by the Government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not in its original form, e.g., where the information has been included in Contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time. (2) any information generated or derived during or as a result of performance of this contract. This prohibition shall expire after a period of three years after completion of performance of this contract. (e) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor. The terms of paragraph (g) of this Special Contract Requirement relating to notification shall apply to any release of information in contravention of this paragraph (d). (f) The Contractor further agrees that, during the performance of this contract and for a period of three years after completion of performance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not furnish to the United States Government, either as a prime contractor or as a subcontractor, or as a consultant to a prime contractor or subcontractor, any system, component or services which is the subject of the work to be performed under this contract. This exclusion does not apply to any recompetition for those systems, components or services furnished pursuant to this contract. As provided in FAR 9.505-2, if the Government procures the system, component, or services on the basis of work statements growing out of the effort performed under this contract, from a source other than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this contract or before the three year period following completion of this contract has lapsed, the Contractor may, with the authorization of the cognizant Contracting Officer, participate in a subsequent procurement for the same system, component, or service. In other words, the Contractor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement. (g) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest, it shall make immediate and full disclosure in writing to the Contracting Officer. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action which the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Government may terminate the contract for the convenience of the Government if determined to be in the best interest of the Government. (h) Notwithstanding paragraph (g) above, if the Contractor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of this contract and does not make an immediate and full disclosure in writing to the Contracting Officer, the Government may terminate this contract for default. (i) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the Government may terminate this contract for default. (j) The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final. (k) Nothing in this requirement is intended to prohibit or preclude the Contractor from marketing or selling to the United States Government its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the Contractor from participating in any research and development or delivering any design development model or prototype of any such equipment. Additionally, sale of catalog or standard commercial items are exempt from this requirement. (l) The Contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Government's interest. (m) The Contractor shall include this requirement in subcontracts of any tier which involve access to information or situations/conditions covered by the preceding paragraphs, substituting "subcontractor" for "contractor" where appropriate. (n) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract. (o) Compliance with this requirement is a material requirement of this contract. (End of Text) L-209-H009 NOTIFICATION OF POTENTIAL ORGANIZATIONAL OR PERSONAL CONFLICT(S) OF INTEREST (NAVSEA) (APR 2022) (a) Offerors are reminded that certain existing contractual arrangements may preclude, restrict or limit participation, in whole or in part, either as a subcontractor or as a prime contractor under this competitive procurement. Of primary concern are those contractual arrangements in which the Offeror provides support to NUWCDIVNPT Code 15, or related laboratories (if applicable), in support of operation of the office or any of its programs. General guidance may be found in FAR 9.505; however, this guidance is not all-inclusive. The Offeror's attention is directed to the "Organizational Conflict of Interest" (OCI) or similar requirement which may be contained in current or completed contract(s) which prohibits the prime or subcontractor from providing certain supplies or services to the Government as described above during the period of the current "support" contract(s) or for a period after completion of the "support" contract(s). Notwithstanding the existence or non-existence of an OCI or similar requirement in current or completed contract(s), the Offeror shall comply with FAR subpart 9.5 and identify whether an OCI exists and not rely solely on the presence of an OCI or similar requirement. (b) Offerors also are reminded that certain potential conflicts of interest may arise where an Offeror has unequal access to nonpublic information about a competitor that may provide the Offeror with an unfair competitive advantage and preclude, restrict or limit participation, in whole or in part, either of the individual, subcontractor or prime contractor under this competitive procurement. For example, a potential conflict may arise if former Department of Navy employee(s), subcontractors, or teaming partners of the Offeror may have gained access to nonpublic information about a competitor through participation in previous or ongoing performance or during the solicitation development/source selection process associated with this competitive procurement, and then participates in the formation of the Offeror’s proposal. Other potential conflicts of interest may arise where either the former Department of Navy employee(s), subcontractors, or teaming partners of the Offeror under this competitive procurement set the ground rules for competition; for example, by drafting specifications or assisting in the drafting of the statement of work. General guidance may be found in FAR 3.101 and 9.505; however, this guidance is not all-inclusive. (c) If an Offeror identifies a potential conflict of interest that exists at any tier, that Offeror is requested to notify the Contracting Officer within 14 days of the date of this solicitation. The Offeror shall provide: (1) the contract or previous source selection’s solicitation number and name and phone number of the Contracting Officer for the contract which gives rise to a potential conflict of interest; (2) a copy of the requirement; (3) the statement of work and technical instruction from the existing contract, as applicable; (4) a brief description of the type of work to be performed by each subcontractor under the competitive procurement; (5) a brief description of the individual’s, subcontractor’s, or teaming partner’s unequal access to nonpublic information about a competitor, which may lead to a conflict of interest in the formation of the Offeror’s proposal, or establishment of ground rules for this competitive procurement, as applicable; (6) an OCI mitigation plan, as applicable; and (7) any additional information the Contracting Officer should consider in making a determination of whether a conflict of interest exists. The Government may independently verify the information received from the Offeror. The requirement to identify potential conflicts of interest as outlined herein continues until contract award. Notwithstanding the above, the Government reserves the right to determine whether a conflict of interest exists based on any information received from any source. (d) The Government will notify an Offeror of any conflict of interest within 14 days of receipt of all required information. Those Offerors deemed to have a conflict of interest may be ineligible for award. Failure to provide the information in a timely manner does not waive the Government's rights to make a conflict of interest determination. The Offeror is notified that if it expends time and money on proposal preparation, such expenditure is at its own risk regardless of whether the Government determines a personal or organizational conflict of interest does or does not exist. (e) Any potential prime contractor which proposes an individual, subcontractor, or teaming partner later determined to have a conflict of interest and deemed ineligible to participate in the current competition, may not be granted the opportunity to revise its proposal to remove the ineligible individual, subcontractor or teaming partner. The Government reserves the right to determine which Offerors remain in the competitive range through the normal source selection process. (f) If the Offeror determines that a potential organizational and/or personal conflict of interest does not exist at any tier, the Offeror shall include a statement to that effect in its response to this solicitation. (End of Provision) The following addenda or additional terms and conditions apply: Preferred method of payment is Government Credit Card; otherwise, payment will be made via Wide Area Workflow (WAWF). The below Service Contract Act Wage Determination applies to this requirement, identified to the current Revision available as of the issue date of this solicitation: Wage Determination No.: 2015-4089, Rhode Island (Statewide). Current Revision No.: 21, 06/27/2022 Wage Determinations (WD) can be accessed at https://sam.gov/content/wage-determinations This requirement will be awarded to the offeror with the lowest price technically acceptable (LPTA) quote. In order to be determined technically acceptable: (1) The offeror must quote the required item and/or service, meeting the Government's minimum requirements, in the required quantities; (2) The offeror must meet the required delivery date and/or period of performance; and (3) The offeror shall submit the following information with its quote which will be evaluated. (A) A plan for obtaining clearances. The plan shall not exceed two (2) pages. Proof of existing facilities clearance is not included in the page count limitation. (i) Facility Clearance: Performance under this contract requires that the offeror hold a facility clearance as specified in the DD Form 254 attached to this solicitation, at the time of proposal submission. As such, the offeror shall provide CAGE codes and addresses for all locations where work will be performed that require classified facilities and Safeguarding capabilities as defined in the DD Form 254 Contract Security Classification Specification and associated references. Note: Award will NOT be made to any offeror that does not possess a facility clearance issued by the Defense Security Service at the time of proposal submission, at the level specified in the DD Form 254. The Government is not obligated to delay award of this order pending security clearance of any offeror. (ii) Personnel Clearances: The offeror shall submit a plan for obtaining personnel clearances within fourteen days of the start of the period of performance (PoP), at the required level specified in the DD Form 254 Contract Security Classification Specification attached to this solicitation. The plan shall include confirmation of existing personnel clearances, detail the Offeror's process for obtaining personnel clearances, and outline the schedule for obtaining any required new personnel clearances. (B) Transition Plan: The Offeror shall provide a transition plan that addresses how the Offeror plans to perform the tasking of the Statement of Work (SOW) upon the start of the contract period of performance (PoP) until it reaches full operational tempo within ten (10) calendar days of the start of the PoP. In the transition plan, the Offeror shall identify which tasks of the SOW the Offeror is capable of providing full service at start of PoP and which tasks will require a transition period. For those tasks that require a transition period, the Offeror shall address how it plans to achieve full operational tempo within the 10-day transition period. The plan shall consist of no more than two (2) pages. General statements such as “the offeror will hire incumbent employees” will not constitute compliance with the requirement and may be interpreted as a lack of understanding. (C) Organizational Conflict of Interest: In accordance with H-209-H004 and the Organizational Conflict of Interest (OCI) provision L-209-H009 , offerors shall identify any and all conflicts of interest or potential conflicts of interest related to this solicitation and provide a mitigation plan to address the conflicts and/or potential conflicts. If no conflict of interest exists, the offeror shall provide a written statement certifying as such. The information provided is not subject to a page limitation. (D) Labor Matrix The Offeror shall provide a complete labor matrix representing the one-year level of effort demonstrating an appropriate mix of personnel to accomplish all of the Statement of Work (SOW) Tasks. The labor matrix shall correlate the labor categories for all personnel with their corresponding hours. Below is the Government's estimated labor mix for the SOW tasking. Labor Category Quantity of FTE Hours Per Year 01112 General Clerk II 1 1,920 01113 General Clerk III 1 1,920 The Offeror may propose this estimated labor mix or deviate. If the Offeror's proposed labor mix differs from the Government's estimate by 5% or greater, in terms of either labor category or hours, the Offeror shall provide a rationale to explain how the Offeror's mix is more appropriate than the Government's estimate, as well as what the benefit of the deviation is to the Government. The rationale shall not exceed three (3) pages. (E) Past Performance References: The Offeror shall provide three (3) past performance references, if available, that reflect recent relevant experience performed within the last three (3) years of the closing date of the solicitation that demonstrate the ability to handle work performed under this contract. Include a discussion on how the references provided are relevant to the work being proposed. Include contract/task order number, contract/task order type, program name, total contract/task order cost/price, short description of work performed, and names and valid telephone numbers for the Procuring Contract Officer (PCO), Contracting Officer's Representative (COR), and Government Program Manager (PM). Each past performance reference shall not exceed two (2) pages per reference, for a total of six (6) pages. The Government may also use other information such as CPARS or other data available from Government sources to evaluate an Offeror's past performance. The Government reserves the right to limit or expand the number of references it decides to contact, and to contact references other than those provided by the Offeror. Quotes shall be submitted in the English language. The narrative material in the quote shall be prepared in no smaller than 10-point font, single-spaced. In the event photo reduction is used for tables, charts, and drawings, its presentation must be clear and legible. No pictures or hyperlinks are allowed. Quotes and all attachments shall be readable by Microsoft Office or Adobe Acrobat. Questions about this requirement shall be emailed to the Primary Point of Contact, on or before 19 September 2022 at 2:00pm EST. Quotes shall be emailed to the Primary Point of Contact, on or before the response date and time as listed on this combined synopsis/solicitation. Quotes received after this date are late and may not be considered for award. Quotes shall be valid for no less than forty-five (45) days. Attachments: Attachment 1: Statement of Work Attachment 2: Contract Data Requirements List Attachment 3: DD Form 254 Attachment 4: Incidental Government Property Made Available Attachment 5: Contractor Requirements for Performance on a Government Site Attachment 6: Wage Determination No.: 2015-4089, Rhode Island (Statewide). Current Revision No.: 21, 06/27/2022