Amendment 0001
The Required Delivery Date for the procurement of this scuttle has been changed to 31 October 2024.
The due date for this RFQ is 20 August 2024. Please return any questions or comments to the email addresses listed below NLT than Friday, 16 August 2024.
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This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR Part 13 additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
Request for Quotation (RFQ) N5523624Q0102 is issued as a total small business set-aside. The subject solicitation is being processed using FAR Part 12 and 13. Any quote from a large business is ineligible for award. The applicable North American Industry Classification System (NAICS) code is 332321 – Metal Window and Door Manufacturing.
This solicitation documents and incorporates provisions and clauses that are those in effect through Federal Acquisition Circular 2024-03 (Effective 23 February 2024) and DFARS Publication Notice 20240215.
DESCRIPTION: Southwest Regional Maintenance Center (SWRMC) Code 300 requires procurement and delivery of long lead time material (LLTM) in support of SWRMC at Naval Base San Diego as follows:
One (1) DDG 51 Class Upper Sonar Dome Scuttle with the following specifications:
Scuttle (4-29-0), 25 Inch Diameter Watertight Quick Acting (WTQA), 4 Dog, Spring Balanced, Part No. 803-6397259 Assy 2B, Line Item S0760, Find No. 120, Assembly No. 002B, Piece No. DHALV/JD576 of 2.2, NSN: 9999-LL-CMA-4546, APL 313170027
SEE PRODUCT DESCRIPTION
The full text of FAR and DFAR references, provisions and clauses may be accessed at https://acquisition.gov.
The following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant purchase order.
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017
52.204-7 System for Award Management OCT 2018
52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-Representation OCT 2020
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and
Federal Law FEB 2016
52.212-4 Contract Terms and Conditions--Commercial Items NOV 2023
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023
52.242-15 Stop-Work Order AUG 1989
52.246-2 Inspections of Supplies – Fixed Price AUG 1996
52.246-16 Responsibilities for Supplies APR 1984
52.252-2 Clauses incorporated by reference FEB 1998
52.252-6 Authorized Deviations in Clauses NOV 2020
252.203-7000 Requirements Relating to Compensation to Former DoD Officials SEP 2011
252.203-7002 Requirements to Inform Employees of Whistleblower Rights DEC 2022
252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022
252.204-7000 Disclosure of Information OCT 2016
252.204-7003 Control of Government Work Product APR 1992
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident
Information JAN 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support JAN 2023
252.211-7003 Item Unique Identification and Valuation JAN 2023
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors JAN 2023
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023
252.225-7000 Buy American – Balance of Payments Program Certificate FEB 2024
252.225-7001 Buy American and Balance of Payment Program FEB 2024
252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022
252.225-7048 Export Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018
252.232-7006 Wide Area Work Flow Payment Instructions. JAN 2023
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JAN 2023
252.244-7000 Subcontracts for Commercial Items NOV 2023
252.246-7003 Notification of Potential Safety Issues JAN 2023
252.247-7023 Transportation on Supplies by Sea JAN 2023
52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024)
(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 products and commercial services:
(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 (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 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 products and commercial services:
___1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
___2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
___3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
___4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a)
_X_5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___6) [Reserved]
___7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
___10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).
___11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
___ (ii) Alternate I (Dec 2023) of 52.204–30.
_X_12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
___13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
___14) [Reserved].
_X_15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
_X_16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___17) [Reserved]
_X_18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
___ (ii) Alternate I (Mar 2020) of 52.219-6.
___19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
___ (ii) Alternate I (Mar 2020) of 52.219-7.
___20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
___21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Jun 2020) of 52.219-9.
___ (v) Alternate IV (Sep 2023) of 52.219-9.
___22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
___ (ii) Alternate I (Mar 2020) of 52.219-13.
_X_23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
___24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
_X_25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).
_X_26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C. 632(a)(2)).
___ (ii) Alternate I (Mar 2020) of 52.219-28.
_X_27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
_X_28) 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 (Oct 2022) (15 U.S.C. 637(m)).
___29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
_X_30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
___31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
_X_33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
___ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
___ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
___38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).
_X_40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
___41) (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)).
_X_42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671).
___43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671).
___44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).
___45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).
_X_46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
___47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
_X_48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
___ (ii) Alternate I (Oct 2022) of 52.225-1.
___49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
___ (iii) Alternate II (Dec 2022) of 52.225-3.
___ (iv) Alternate III (Feb 2024) of 52.225-3.
___ (v) Alternate IV (Oct 2022) of 52.225-3.
___50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___52) 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. Subtitle A, Part V, Subpart G Note).
___53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
___56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
___57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
___58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
___60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X_62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
___64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Nov 2021) 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 products and commercial services:
___1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
___2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___4) 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).
___5) 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).
___6) 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_7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
___8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
___9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
The following NAVSEA PROVISIONS and CLAUSES apply to this acquisition and will be incorporated into any resultant purchase order.
C-202-H001 Additional Definitions – Basic OCT 2018
C-215-H002 Contractor Proposal NAVSEA OCT 2018
F-242-H001 Contractor Notice Regarding Late Delivery OCT 2018
G-232-H002 Payment Instructions and Contract Type Summary for Payment Office FEB 2024
G-232-H005 Supplemental Instructions Regarding Invoicing JAN 2019
G-242-H001 Government Contract Administration Points of Contact and Responsibilities OCT 2023
A. 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services SEP 2023. Offerors must comply with all instructions contained herein.
(1) Offerors may submit written questions during the quote preparation period. All questions must be received no later than Friday, 16 August 2024, 11:00 AM (Pacific) to allow adequate time to prepare and issue responses to all offerors prior to the date and time set for receipt of quotes. Only written questions will receive a response. All questions and quotes shall be directed to:
Southwest Regional Maintenance Center (SWRMC) – C410A Procurement
Email: Cite the solicitation number in the subject line - N5523624Q0102
Email Addresses: scott.s.quiambao.civ@us.navy.mil and Ricardo.barraza-cobos.civ@us.navy.mil
B. 52.212-2 Evaluation Commercial Items, Evaluation – Commercial Products and Commercial Services NOV 2021.
(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:
Evaluation Factors – The evaluation factors that will be used are:
- Technical Acceptability – Ability to meet the salient characteristics and delivery date of the Product Description.
- Technical Drawings shall be requested via the SWRMC Technical Documentation Request Form as a part of Technical Acceptability for this acquisition.
- Price – Low price technically Acceptable (LPTA)
- Past Performance – Based on the Supplier Performance Risk System
Price: The Government will evaluate the proposed price for reasonableness in accordance with FAR 13.106-3 (a)(1).
Past Performance: The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the Statement of Work, the source of the information, the context of the data and general trends in the Offeror's performance and any associated risk. The Government will also consider the extent of the Offeror's ability to perform previous contracts successfully. Per DFARS provision 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations is hereby incorporated by reference.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(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 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.
(End of provision)
C. 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services MAY 2024. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov/SAM/ (only complete and return if there are changes to current SAM Registration. If 52.212-3 is not returned, the contractor is affirming that the current SAM registration is current, accurate, and complete). If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. The provision of FAR 52.212-3 must be submitted by the Offeror to be eligible for award.
D. 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services NOV 2023
Standard Commercial Warranties apply.
APPLICABLE PROVISIONS AND CLAUSES:
The FAR requires the use of the System for Award Management (SAM) in Federal solicitations as a part of the offer submission process to satisfy FAR 52.212-4. More information on SAM is found at https://www.sam.gov/portal/public/SAM/.
PACKAGING REQUIREMENTS: Packaging and preservation shall be performed in accordance with the best commercial practices to afford maximum protection against damage.
D-211-H005 Identification Marking of Parts – Alternative I OCT 2018
DELIVERY INSTRUCTIONS: Item shall be priced at F.O.B. Destination. Inspection and acceptance shall be at destination by the Government.
SPECIAL CONTRACT REQUIREMENTS:
Please submit your quote via e-mail to Scott Quiambao, scott.s.quiambao.civ@us.navy.mil (primary) and Ricardo Ba20rraza-Cobos, Ricardo.barraza-cobos.civ@us.navy.mil (secondary).
QUOTES must be received by the destination inbox no later than *20 August 2024, 11:00 AM (Pacific)* or they will not be considered for award.
