Combined Synopsis/Solicitation
(i) This is a combined synopsis/solicitation for commercial supplies 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; proposals are being requested and a written solicitation will not be issued.
(ii) To facilitate electronic quote submissions through SAM.gov, a request for quote RFQ No. 140R3024Q0144 is being issued subsequent to this combined synopsis/solicitation.
(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular number 2024-06 Effective Date 08/29/2024.
(iv) The North American Industry Classification System (NAICS) Code for this acquisition is: 333994, Industrial Process Furnace and Oven Manufacturing with a small business size standard of 500 employees.
(v) Line items: See Standard Form (SF) 1449 ¿ Solicitation for Commercial Items for contract line items and to complete pricing.
(vi) The Bureau of Reclamation, Davis Dam Lower Colorado Region, has a requirement to purchase 1 Dual Chamber Heat Treating Furnace.
(vii) Delivery will be FOB Destination and made approximately 14 weeks after award. The delivery address is to the Hoover Dam Central Warehouse, NV State Route 172, Boulder City, NV 89005 and is listed on the SF 1449. Facility receiving hours are 7:30 A.M. to 4:00 P.M. PT. Monday through Thursday. All receiving hours listed exclude weekends and federal holidays.
THE FOLLOWING CLAUSES AND PROVISIONS ARE APPLICABLE TO THIS COMMERCIAL ITEM ACQUISITION:
(viii) FAR provision 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services.
In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions provision of this
solicitation, each offeror will submit a quote in accordance with the instructions contained in this provision.
(1) Offer will complete and submit SF 1449. Pricing must be submitted on the SF 1449.
(2) Submit the following information:
(a) Unique Entity Identifier (UEI): ___________________
(b) Contractor E-mail Address: ______________________
(3) Past Performance Information Requested:
(a) Past Performance: Offeror is not required to submit any past performance documentation. However,
the Government may use past performance information obtained, such from the Contractor Performance Assessment Reporting System (CPARS) database located at http//www.cpars.gov.
NOTE: An offeror without relevant experience, or for whom information on past performance is not
available, will be given a Neutral rating, and will not be evaluated favorably or unfavorably. This rating is
neither negative nor positive. Neutral is merely indicative of a lack of prior performance.
(ix) BASIS OF AWARD: The Government will award a purchase order resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate quotes:
1. Technical ¿ Meets salient characteristics.
2. Delivery ¿ approximately 14 weeks after receipt of award
3. Price
(x) FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services. Offerors are advised to include with their offer a completed copy of the provision 52.212-3 or indicate completion of the provision online. Offerors may complete the annual representations and certifications online at https://www.sam.gov/.
(xi) FAR clause 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services.
(xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.
The following additional FAR clauses cited in this clause are applicable to the acquisition:
52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020)
52.203-17, Contractor Employee Whistleblower Rights (Nov 2023)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)
52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)
52.204-30, Federal Acquisition Supply Chain Security Act Orders ¿ Prohibition (Dec 2023)
52.209-6, Protecting the Government¿s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021)
52.219-8, Utilization of Small Business Concerns (Feb 2024)
52.219-28, Post Award Small Business Program Representation (Feb 2024)
52.222-3, Convict Labor (Jun 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126)
52.222-21, Prohibition of Segregated Facilities (Apr 2015)
52.222-26, Equal Opportunity (Sep 2016) (E.O.11246)
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)
52.222-54, Employment Eligibility Verification (may 2022)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)
52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023)
52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)
52.239-1, Privacy or Security Safeguards (Aug 1996)
(xiii) Additional contract requirements include the following clauses and provisions:
52.204-4 Printed or Copied Double-sided on Recycled Paper (May 2011)
52.204-7 System for Award Management (Oct 2018)
52.204-13 System for Award Management Maintenance (Oct 2018)
52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)
52.252-2 Clauses Incorporated by Reference (Feb 1998)
52.212-2 Evaluation¿Commercial Products and Commercial Services (Nov 2021)
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
DIAR 1452.215-71 Use and Disclosure of Proposal Information -- Department of The Interior
(Apr 1984)
DIAR 1452.233-2 Service of Protest Department of the Interior (Jul 1996)
DOI-AAAP-0028 Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP) (Feb 2021)
WBR 1452.237-80 Security Requirements ¿ Bureau of Reclamation (Mar 2022)
(a) General Security Requirements:
(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. ¿Work site¿ means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.
(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.
(3) The Contractor¿s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.
(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.
(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.
(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.
(7) All Contractor employees shall access the facility via the facility¿s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.
(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.
(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual¿s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver¿s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual¿s arrival at the work facility and prior to beginning work.
(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual¿s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.
(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.
(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.
(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.
(b) Information Security Requirements.
(1) Sensitive Information. The term ¿sensitive information¿ means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.
(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government- furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to- know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR.
(ii) The Contractor shall not release to anyone outside the Contractor¿s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.
(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include
prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.
(2) Classified Information.
(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.
(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information." Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.
(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems:
(iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems. This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain).
(v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated February 28, 2006 (incorporating change 2 dated May 18, 2016).
(vi) Classified information shall not be removed from official premises.
(vii) Classified information shall not be disclosed without proper authorization.
(c) - (f) Reserved
(xiv) Not Applicable
(xv) Offers are due September 19, 2024, 11:00 A.M. PD. Responsible offerors are requested to submit a quote for this requirement. Offers shall be submitted via email to namye@usbr.gov and lgallardo@usbr.gov.
(xvi) The Point of Contact for this solicitation is Noah Maye and may be reached via e-mail at namye@usbr.gov. No phone calls will be accepted.
End of Combined Synopsis/Solicitation
