N3904021Q0325- Rail Car Inspection
This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12, using Simplified Acquisition Procedures, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. Paper copies of this solicitation will not be available. This combined synopsis/solicitation SHALL be posted on BetaSAM. The Request for Quotation (RFQ) number is N3904021Q0325. This solicitation documents and incorporates provisions and clauses in effect through FAC 2021-06 and DFARS Change Notice 2021-1130. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:
https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/change_notices.html.
The NAICS code is 488210 and the Small Business Standard is $16.5 Million Dollars. This requirement is a full and open solicitation.
The Portsmouth Naval Shipyard requests responses from sources capable of providing the following:
0001 UCF-3 Rail Car inspections for five (5) Rail Cars to be completed in accordance with the statement of work.
1 JOB $_____________________
*Please provide breakdowns of the price for all parts, labor, and associated travel.
See attached Request for Quotation (RFQ) sheet for details.
• Place of Performance: Portsmouth Naval Shipyard, Kittery, ME.
• Period of Performance: requested start 08/30/2021.
CLAUSES:
This solicitation documents and incorporates provisions and clauses in effect through FAC 2021-06 and DFARS Change Notice 2021-1130. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:
https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/change_notices.html.
Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provisions and clauses are applicable to this procurement:
P 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. {MUST BE FILLED IN}
The Offeror 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 Items. 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) Representations. 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)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(a) Definitions. As used in this clause—
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders
Automatically Included in 52.212-5:
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
52.233-3 Protest After Award
52.233-4 Applicable Law for Breach of Contract Claim
Also Included in 52.212-5:
52.219-6 Notice of Total Small Business Set-Aside
52.219-8 Utilization of Small Business Concerns
52.219-28 Post-Award Small Business Program Representation
52.222-3 Convict Labor
52.222-19 Child Labor -- Cooperation with Authorities and Remedies
52.222-21 Prohibition Of Segregated Facilities
52.222-26 Equal Opportunity
52.222-50 Combating Trafficking in Persons
52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
52.225-13 Restrictions on Certain Foreign Purchases
P 52.204-7 System for Award Management
52.204-9 Personal Identity Verification of Contractor Personnel
52.204-13 System for Award Management Maintenance
P 52.204-16 Commercial and Government Entity Code Reporting
P 52.204-17 Ownership or Control of Offeror
52.204-18 Commercial and Government Entity Code Maintenance
52.204-19 Incorporation by Reference of Representations and Certifications.
P 52.204-20 Predecessor of Offeror
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
P 52.204-22 Alternative Line Item Proposal
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky
P 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
P 52.209-7 Information Regarding Responsibility Matters
P 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction
P 52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use
52.211-15 Defense Priority And Allocation Requirements
P 52.212-1 Instructions to Offerors--Commercial Items
P 52.212-2 Evaluation - Commercial Item
P 52.212-3 Alt 1 Offeror Representations and Certifications--Commercial Items
52.212-4 Contract Terms and Conditions--Commercial Items
P 52.215-5 Facsimile Proposals
P 52.219-1 Alt Small Business Program Representations
P 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.
P 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
52.225-1 Buy American—Supplies
52.225-3 (use 252.225-7036 instead) Buy American –Free Trade Agreements – Israeli Trade Act
52.225-5 Trade Agreements
52.232-18 Subject of Availability of Funds
52.232-39 Unenforceability of Unauthorized Obligations
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
P 52.233-2 Service of Protest
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
52.242-15 Stop-Work Order
52.247-34 F.O.B. Destination
52.252-1 Solicitation Provisions Incorporated By Reference
52.252-2 Clauses Incorporated By Reference
52.252-6 Authorized Deviations in Clauses
C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (OCT 2018)
C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)
C-223-H003 EXCLUSION OF MERCURY (NAVSEA) (MAR 2019)
C-223-H004 MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE (NAVSEA) (MAR 2019)
C-223-N002 RESTRICTIONS ON USE OF YELLOW MATERIAL (NAVSEA) (OCT 2018)
C-237-H001 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (OCT 2018)
D-247-H002 PACKAGING OF SUPPLIES—BASIC (NAVSEA) (OCT 2018)
E-246-H016 INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION DELIVERIES (OCT 2018)
G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE (NAVSEA) (JUN 2018)
G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019)
G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT 2018)
Quoters should include a completed copy of 52.212-3 and its ALT I with quotes. All clauses shall be incorporated by reference in the order. Additional DFARS contract terms and conditions applicable to this procurement are:
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
252.203-7005 Representation Relating to Compensation of Former DoD Officials
252.204-7003 Control Of Government Personnel Work Product
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
P 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System
252.223-7008 Prohibition of Hexavalent Chromium
P 252.225-7031 Secondary Arab Boycott of Israel
252.225-7048 Export-Controlled Items
252.231-7000 Supplemental Cost Principles
252.232-7010 Levies on Contract Payments
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
252.243-7001 Pricing of Contract Modifications.
252.244-7000 Subcontracts for Commercial Items
252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System
252.246-7008 Sources of Electronic Parts
252.247-7023 Transportation of Supplies by Sea
252.245-7003 Contractor Property Management System Administration.
252.245-7004 Reporting, Reutilization, and Disposal.
Billing (G):
252.204-7006 Billing Instructions
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
252.232-7006 Wide Area WorkFlow Payment Instructions
52.212-2, Evaluation - Commercial Items is applicable to this procurement.
The Government will award a contract 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 contract will be awarded to the vendor with the Lowest Price Technically Acceptable. Quotes will be evaluated based on the following criteria:
- Technical Acceptability (Must meet specifications and document capabilities)
- Adherence to Schedule (Award may be made based on delivery and ability to meet the requested schedule)
- Price (Lowest Price Technically Acceptable, after adherence to other factors)
Vendors will be required to submit a quote that will be evaluated in accordance with the specifications provided in the solicitation, FAR 52.212-1 Instruction to Offerors. Failure to include pricing for all line items shall be cause for rejection of the quote for all line items.
Technical:
Please provide documentation demonstrating your capabilities in fulfilling the SOW.
If the technical submittal is determined “Unacceptable”, it renders the entire quote technically unacceptable. Technical submissions that do not meet the minimum requirements will be rated as “Unacceptable” and will no longer be considered for further competition or award.
Schedule:
Please confirm availability for requested period of performance. If your company is unavailable for the requested period, please provide earliest available start. Please provide your best and fastest schedule. Award may be made to the vendor who can provide the soonest execution.
Price:
The Price will be evaluated as Lowest Price Technically Acceptable, however, the Contracting Officer reserves the right to award based on ability to meet the required schedule.
Past Performance:
PPIRS/CPARS information will be utilized to evaluate Past Performance and be rated on an acceptable/unacceptable basis. Vendors with no past performance information in the systems will be rated as “Acceptable”.
This announcement will close at 03:00 PM ET local time on 24 August, 2021. Contact Gordon Roberts III who can be reached via email at Gordon.J.Roberts1@navy.mil
METHOD OF PROPOSAL SUBMISSION: Offers shall be emailed . All responsible sources may submit a quote which shall be considered by the agency.
System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.
All quotes shall include price(s), a point of contact, name, email address, phone/FAX number, CAGE Code, technical specifications of units offered (including brand), business size under the NAICS Code, and payment terms. At a minimum, quotes shall contain the completed RFQ form (attached). Each response must clearly indicate the capability of the vendor to meet all specifications and requirements.
******* End of Combined Synopsis/Solicitation ********
N3904021Q0325 Department of the Navy Naval Sea Systems Command
8/17/21, 1:17 PM