Inactive Total Small Business Set-Aside (FAR 19.5)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This anno... (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. (ii) The solicitation number for this requirement is 140P3022Q0067 and is issued as a request for quotation (RFQ) under the authority of FAR 13. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07 Effective August 10, 2022. (iv) This acquisition is subject to a small business set-aside. The associated NAICS code is 332994 and small business size standard for this NAICS code is 1,000 employees. (v) The Schedule of Items applicable to this acquisition provides a list of contract line item numbers, items, quantities, and units of measure. The pricing portions of this Schedule of Items should be filled out and submitted as part of any quote submitted in response to this combined synopsis/solicitation. See Attachment 1 for the Schedule of Items (Bid Sheet) applicable to this acquisition as it easier to include an attachment. (vi) The National Park Service (NPS), National Capital Area (NCA) has a requirement for the purchase of CIVIL WAR ARTILLERY CANNON AND ASSOCIATED EQUIPMENT, meeting or exceeding the attached specifications for the Antietam National Battlefield, Sharpsburg, MD. Award, if made, will be in accordance with the attached Specifications and all addenda. (vii) Contractor shall deliver F.O.B. to: NPS, Antietam National Battlefield Visitor Center 5831 Dunker Church Rd Sharpsburg, MD 21782 (viii) The provision at 52.212-1, Instructions to Offerors Commercial Items (SEP 2021), applies to this acquisition. The following addendum incorporates these additional provisions: 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal JAN 2017 Confidentiality Agreements or Statements Representation 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.211-6 Brand Name or Equal AUG 1999 52.223-1 Biobased Product Certification MAY 2012 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision: Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (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. Nothing in the prohibition shall be construed to: (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (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. 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. Nothing in the prohibition shall be construed to: (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that: (1) It _ will, _ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that It _ does, _ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment: (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services: (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment: (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services: (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) (ix) The provision at 52.212-2, Evaluation Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The following is the specific evaluation criteria to be included in paragraph a: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest Price (b) Options. N/A (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) (x) Quoters must electronically complete FAR provision 52.212-3, Offeror Representations and Certifications Commercial Products and Commercial Services (NOV 2021), at www.SAM.gov before submitting the quote. Quoter must confirm in the Quoter Questionnaire (see Solicitation Attachment 1) that quoter has electronically completed the provision FAR 52.212-3, the annual representations and certifications, at www.SAM.gov. The complete provision can be found at https://www.acquisition.gov/far/loadmainre.html. (xi) The clause at 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. (xii) The clause at 52.212-5, Contract Terms and Conditions Commercial Products and Commercial Services (MAY 2022), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition: - 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) - 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) - 52.209-6 Protecting the Governments Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) - 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) - 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) - 52.219-13 Notice of Set-Aside of Orders (SEP 2021) (15 U.S.C. 644(r)). - 52.219-28 Post Award Small Business Program Representation (SEP 2021) - 52.219-33 Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)). - 52.222-3 Convict Labor (JUN 2003) - 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2022) - 52.222-21 Prohibition of Segregated Facilities (APR 2015) - 52.222-26 Equal Opportunity (SEP 2016) - 52.222-35 Equal Opportunity for Veterans (JUN 2020) - 52.222-36 Equal Opportunity for Workers With Disabilities (JUN 2020) - 52.222-37 Employment Reports on Veterans (JUN 2020) - 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) - 52.222-50 Combating Trafficking in Persons (NOV 2021) - 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) - 52.225-1 Buy American Supplies (NOV 2021) (41 U.S.C. chapter 83) - 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) - 52.232-33 Payment by Electronic Funds Transfer0System for Award Management (OCT 2018) (xiii) The following additional contract requirements and terms and conditions apply to this acquisition: - 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) - 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) - 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) - 52.232-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts (Sep 2013) - 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) - 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021) (DEVIATION SEP 2021) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that: (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract. (c) Applicability. This clause applies only to: (1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3); (2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; (4) Orders expected to exceed the simplified acquisition threshold and that are: (i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii); (5) Orders, regardless of dollar value, that are: (i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference. (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract: (1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. (i) The following services may be excluded from the 50 percent limitation: (A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases. (B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor. (2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract. (3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 85 percent subcontract amount that cannot be exceeded. (4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 75 percent subcontract amount that cannot be exceeded. (f) The Contractor shall comply with the limitations on subcontracting as follows: (1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause __ By the end of the base term of the contract and then by the end of each subsequent option period; or _X_ By the end of the performance period for each order issued under the contract. (2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order. (g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (End of clause) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: N/A The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. (End Local Clause) DIAR 1452.201-70 - Authorities and Delegations (SEP 2011) (a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. (b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. (c) The COR is not authorized to perform, formally or informally, any of the following actions: (1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2) Waive or agree to modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government. (d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause. (e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract. (f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR. (g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. (End Local Clause) (xiv) N/A (xv) Quotes must be delivered by September 16, 2022, no later than 11:00 a.m. EDT via email to Dorothy Qualley at: dorothy_qualley@nps.gov (xvi) All correspondence regarding this solicitation must be sent in writing to Dorothy Qualley, email: dorothy_qualley@nps.gov. Attachments: Request for Quotation Specifications Excerpt: 1861 U.S. Army Ordnance Manual