Inactive Total Small Business Set-Aside (FAR 19.5)

The U.S. Maritime Administration (MARAD), Oakland, CA intends to award a firm fixed price purchase order to a vendor capable of providing Underwater Shorepower Cable to the Suisun Bay Reserve Fleet lo... The U.S. Maritime Administration (MARAD), Oakland, CA intends to award a firm fixed price purchase order to a vendor capable of providing Underwater Shorepower Cable to the Suisun Bay Reserve Fleet located at the 2595 Lake Herman Road, Benicia, CA 94510, IAW the attached Item Description. Questions regarding the solicitation and quotations shall be e-mailed to the Contract Specialist, Ms. Melissa Reams at melissa.reams@dot.gov. No phone calls will be accepted. Quotations are due no later than Tuesday April, 16 2019 at 1430 PT. Submit quotes electronically to melissa.reams@dot.gov with solicitation number 6991PE19Q000013 in the subject line. The following FAR Provisions apply to this solicitation: 52.212-1 Instructions to Offerors-Commercial Items (Jul 2017) 52.212-2 Evaluation-Commercial Items (October 2014) (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: 1. Suitability of product to meet the Government need; 2. Past Performance; 3. Price The Government will award on the basis of lowest price, technically acceptable quote. (b) 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 offer's 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. 52.212-3 Offeror Representations and Certifications-Commercial Items (Jan 2017) (Quoters are required to include a completed copy of this provision with their quote or a statement stating that it is available via the SAM's website, https://www.sam.gov/portal/public/SAM/#1 ) 52.212-4 Contract Terms and Conditions - Commercial Items. 52.219-1 Small Business Program Representations (Apr 2012) (Quoters are required to include a completed copy of this provision with their quote or a statement stating that it is available via the SAM's website, https://www.sam.gov/portal/public/SAM/#1 ) 52.233-2 Service of Protest. (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from: Ms. Melissa Reams Contracting Officer, US Department of Transportation, Maritime Administration 1301 Clay Street, Suite 140N Oakland, CA 94612 The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. The following FAR clauses apply to this solicitation: 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions-Commercial Items (Sept 2013) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.4704 and 10 U.S.C.2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). (10) [Reserved]. (11) __(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a). __(ii) Alternate I (Nov 2011) of 52.219-3. (12) __(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __(ii) Alternate I (Jan 2011) of 52.219-4. (13) [Reserved] (14) X (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644). __(ii) Alternate I (Nov 2011). __(iii) Alternate II (Nov 2011). (15) __(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __(ii) Alternate I (Oct 1995) of 52.219-7. __(iii) Alternate II (Mar 2004) of 52.219-7. __(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (17) __(i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15 U.S.C. 637(d)(4)) __(ii) Alternate I (Jan 2017) of 52.219-9. __(iii) Alternate II (Nov 2016) of 52.219-9. __(iv) Alternate III (Nov 2016) of 52.219-9. (v) Alternate IV (Aug 2018) of 52.219-9 __(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)). __(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (28) X (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). __(ii) Alternate I (Feb 1999) of 52.222-26. (29) X (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __(i) Alternate I (July 2014) of 52.222-35. (30) X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). __(ii) Alternate I (July 2014) of 52.222-36. X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). __(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (33) X (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (35) __(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693). (38) __(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __(ii) Alternate I (Oct 2015) of 52.223-13. (39) __(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __(ii) Alternate I (Jun2014) of 52.223-14. __(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ? (41) __(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __(44) 52.223-21, Foams (Jun2016) (E.O. 13693). (45) __(i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a). __(ii) Alternate I (Jan 2017) of 52.224-3. (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 83). (47) __(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __(ii) Alternate I (May 2014) of 52.225-3. __(iii) Alternate II (May 2014) of 52.225-3. __(iv) Alternate III (May 2014) of 52.225-3. __(48) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C.2501, et seq., 19 U.S.C. 3301 note). X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). __(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). __(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). __(54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). __(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). __(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). __(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). (60) __(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.Appx.1241(b) and 10 U.S.C. 2631). __(ii) Alternate I (Apr 2003) of 52.247-64. __(iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.206 and 41 U.S.C.chapter 67). __(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67). __(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C.chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). __(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2014) (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C.chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preferencefor Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Feb 1999) 52.223-6 Drug-Free Workplace (May 2001) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (Jan 1986) 52.233-1 Disputes (July 2002) with Alternate 1 (Dec 1991) The following TAR clauses apply to this requirement: 1252.223-73 Seat Belt Use Policies and Programs 1252.242-73 Contracting Officer's Technical Representative The following Maritime Administration (MCL) apply to this requirement: MCL.L-2 Agency Protests INSTRUCTIONS TO QUOTERS Responsible sources shall provide the following: 1. Technical - Documentation required in accordance with attached item description. 2. Past Performance - Past Performance information for similar requirements done in the past three (3) years. The past performance information shall include the agency or company name and address, a point of contact to include telephone number and e-mail address, date of order, type of item provided, and amount of contract. 3. Price - Price quote to be completed in accordance with attached Pricing Sheet. 4. Identify payment terms (i.e. Net 30) 5. Remittance address, Tax Identification Number, and CAGE Code 6. Validity of quote. (State that quote is valid for 60 days from solicitation response date). INVOICE SUBMISSION INSTRUCTIONS - MARAD The Contractor may submit invoices in either electronic or paper format. Electronic submission is preferred. (1) Electronic invoices shall be addressed to MARADInvoices@faa.gov, with copy to MARADSARInvoices@dot.gov Electronic invoices shall conform to the following criteria, or be subject to rejection: a. Invoice and supporting documentation shall be in Adobe Acrobat (pdf) format. b. The e-mail subject shall include the contract/purchase order number and invoice number. c. The transmitting e-mail shall include the following information: Name of the Contractor; Invoice date and number; Invoice amount; Contract number and, if applicable, the order or modification number; Terms of any discount for prompt payment offered; Payment instructions (i.e., financial institution, ABA routing #, account #) (2) Paper invoices shall be submitted to one of the following addresses. Multiple copies are not required. MARAD A/P Invoices Branch AMZ-160 PO Box 25710 Oklahoma City, OK 73125 If a street address is required for delivery (i.e., Federal Express), the following address may be used in lieu of the post office box: MARAD A/P Invoices Branch AMZ-160 6500 S MacArthur Blvd. Oklahoma City, OK 73169