RFQ.pdf

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NOAA Acquisition and Grants Office (AGO)

Eastern Region Acquisition Division

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, 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 FEDBIZOPPS.

The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition

Division (ERAD), located at 200 Granby Street, Suite 405, Norfolk, VA 23510, on behalf of the

Marine and Aviation Operations (OMAO), has a requirement to establish a Firm-Fixed Price

Service Contract for Electrical Service and Repair to provide quarterly inspections, preventative maintenance and repairs, in accordance with the attached Statement of Work (Attachment 1).

Solicitation number is 1305M2-19-Q-NMAN1296 and is being issued as a Request for

Quotations (RFQ).

This solicitation documents and incorporates provisions and clauses in effect through:

a. Federal Acquisition Circular (FAC) 2019-02, effective 06/05/2019 located on https://www.acquisition.gov/browse/index/far

b. Commerce Acquisition Regulations (CAR), effective 06/05/2019 located at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm,

c. NOAA Acquisition Manual https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.

html

It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The associated NAICS code is 238210 and this procurement:

is not being set-aside for small businesses.

is being set-aside for small business. The small business size standard is $15.0 M.

It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. No commercial financing.

Questioning pertaining to this RFQ must be submitted in writing to the Contract Specialist, Jessica Loftus at Jessica.Loftus@noaa.gov and the Contracting Officer, Andrew Northcutt at

Andrew.Northcutt@noaa.gov, and must be received by 10:00am EST on Mondaday, August 19, 2019. Telephonic requests will not be honored.

https://www.acquisition.gov/browse/index/far http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html mailto:Jessica.Loftus@noaa.gov mailto:Andrew.Northcutt@noaa.gov

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This announcement will close at 10:00am EST on Monday, August 26, 2019. Quotes may be submitted via electronic means (email) to Jessica.Loftus@noaa.gov and the Contracting Officer, Andrew Northcutt at Andrew.Northcutt@noaa.gov, by the date and time listed above. All responsible sources may submit a quote which shall be considered by the agency.

The Period of Performance is for a Base plus four (4) Option Years, as outlined below.

Base Year: October 1, 2019 through September 30, 2020

Option Year 1: October 1, 2020 through September 30, 2021

Option Year 2: October 1, 2021 through September 30, 2022

Option Year 3: October 1, 2022 through September 30, 2023

Option Year 4: October 1, 2022 through September 30, 2024

Responsibility and Inspection: Unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

CONTRACT CLAUSES AND PROVISIONS

The following FAR provision and clauses are applicable to this procurement:

FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

applies to this acquisition with the following addenda:

(b) Any questions regarding this Request for Quotations (RFQ) must be sent electronically to the

Contract Specialist, Jessica Loftus at Jessica.Loftus@noaa.gov and Andrew Northcutt at

Andrew.Northcutt@noaa.gov no later than 10:00am EST on Tuesday, August 6, 2019. All references herein to “offerors” shall be construed as “vendors”, and all references herein to

“offers” or “bids” shall be construed as “quotes”. Vendors responding to this solicitation shall submit written quotes in the English language. Quote shall be signed and dated, and shall include the typed or printed name of the person signing the proposal, including the signer’s title.

(b)(2) Electronic submission is required and must be sent electronically to Jessica Loftus at

Jessica.Loftus@noaa.gov and Andrew Northcutt at Andrew.Northcutt@noaa.gov. Vendors interested in submitting a quote in response to this

Request for Quotations (RFQ) are requested to provide their written quote, including all information required by this RFQ, not later than 10:00am EST on Monday, August 26, 2019.

(b)(4) Technical Capability: The contractor shall provide a Capabilities Statement describing their ability to perform the work and meet the requirements as described in the attached Statement of Work (Attachment 1). The provided Capabilities Statements shall be tailored to this requirement and shall include a Quality Control Plan. Standard brochures will not be accepted.

mailto:Jessica.Loftus@noaa.gov mailto:Andrew.Northcutt@noaa.gov

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(b)(6) Vendors shall submit firm-fixed unit priced quotes in response to this solicitation in U.S.

Dollars, rounded to not more than two decimal points. A Price Schedule in Excel format is provided as Attachment 2.

(b)(10) Past Performance: Vendors shall provide no more than three references with which they have provided the offered items of equipment within three years. Vendors that are not able to provide such references shall provide three relevant references of prior performance on other contracts and articulate the relevancy of the referenced performance to the type of work required in the solicitation (similar size, content, and complexity) or affirmatively state that it possesses no relevant past performance. For each reference, provide the following information: (1) a brief but detailed description of the item provided; (2) contract number; (3) name and address of the

Government agency or commercial entity; (4) point of contact with current phone number and

Email address; (5) date of contract award; (6) period services were provided or delivery was made;

(7) initial and current contract value. Vendors are encouraged to provide information on problems or challenges encountered or how they were overcome or resolved as well as accomplishments. The Government reserves the right to obtain information from other sources in addition to those included with the quote.

(b)(11) Include a statement specifying the extent of agreement with all terms, conditions and provisions included in the RFQ. Also include a completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). Offers/Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(f) The text of this paragraph is deleted and the paragraph is “Reserved”.

(i) The full text of the FAR provisions and clauses noted within this synopsis/solicitation can be accessed on the Internet at https://www.acquisition.gov/far and CAR clauses and provisions and clauses noted within this solicitation can be accessed on the Internet at http://oam.eas.commerce.gov/CAPPS_car.html.

(j) ALL VENDORS shall provide their Data Universal Numbering System (DUNS) number, as issued by Dun and Bradstreet, along with their quotes. For information regarding how to obtain a

DUNS Number, refer to the full text version of paragraph (j) of FAR Provision 52.212-1.

System for Award Management (SAM). Quoters 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, a point of contact, name and phone number, business size, and payment terms. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

(m) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) https://www.acquisition.gov/far http://oam.eas.commerce.gov/CAPPS_car.html

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(a) An agency protest may be filed with either: (1) The Contracting Officer, or (2) at a level above the Contracting Officer, with the appropriate agency Protest Decision Authority. See 64 FR

16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

U. S. Department of Commerce, Eastern Region Acquisition Division, Attn: Andrew

Hildebrandt, Contracting Officer, 200 Granby Street, Room 405, Norfolk, Virginia 23510.

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S Department of Commerce, Senior Procurement Executive, 1401

Constitution Avenue NW Suite 6422, Washington DC 20230

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of

Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C.

Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC 20230. FAX: (202)

482–5858.

(n) CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

***End of Addendum to FAR PROVISION 52.212-1, INSTRUCTIONS TO

OFFERORS--COMMERCIAL ITEMS (OCT 2018)***

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) applies to this acquisition with the following addenda:

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:

The following shall be used to evaluate quotes: (i) technical capability to meet the requirements of the Government; (ii) past performance; and (iii) price. Technical capability and past performance, when combined, are significantly more important than price. The degree of importance of the quoted price will increase with the degree of equality of the quotes in relation to the other factors on which selection will be based. Vendors with no record of past performance will be assigned a neutral rating for this factor.

(a) Technical Capability: Technical capability information submitted for this evaluation factor will be evaluated to determine the contractor’s ability to perform the work and meet the requirements as described in the attached Statement of Work (Attachment 1). The contractor shall provide a Capabilities Statement describing their ability to perform the work, details pertaining to the proposed Quality Control Program, and meet the requirements as described in the attached Statement of Work (SOW).

(b) Past Performance: The Government will evaluate past performance using the references provided with the vendor’s quote; however, the Government reserves the right to obtain information from other sources in addition to those included with the quote. The evaluation will

5 | P a g e consider the vendor’s past performance on relevant contracts with government and/or commercial customers. Points of contact provided in the quote may be contacted. Where there is no record of past performance, the vendor will be evaluated neither favorably nor unfavorably. Superior performance ratings on relevant contracts may be considered more favorably in the evaluation.

(c) Price: The quoted price is to include all items, supervision, labor, services, materials, and standard commercial warranty to provide the requirements as described in the Statement of Work

(SOW).

***End of FAR PROVISION FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT

2014) ***

FAR 52.212-3 OFFOR REPRESENTATIONS AND CERTIFIATIONS – COMMERCIAL

ITEMS (Oct 2018)

Quoters shall include a completed copy of 52.212-3 with quotes.

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(OCT 2018) applies to this acquisition with the following addenda:

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

Number Title

52.201-1 Definitions

52.204-7 System for Award Management

52.204-13 System for Award Management Maintenance

52.217-6 Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of

Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting

Officer may exercise the option by written notice to the Contractor within 5 days.

(End of Clause)

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52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of Clause)

COMMERCE ACQUISITION REGULATION (CAR) CLAUSES

1352.201-70 Contracting Officer’s Authority

1352.209-73 Compliance with the Laws

1352.209-74 Organizational Conflict of Interest

NOAA ACQUISITION MANUAL (NAM) CLAUSES

NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

(1) Included in NOAA’s locator, and

(2) When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

NAM 1330-52.242.70 SUBMITTAL OF INVOICES

The Contractor shall prepare and submit an invoice to the Technical Point of Contact for approval

[with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR

52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, 7 | P a g e

Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the

Technical Point of Contact will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN

a. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. Allow contractors to better prepare for and propose on business opportunities.

2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.

3. Identify constraints in transparency and process.

b. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with

NOAA.

c. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

d. There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:

1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).

2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the

Department of Commerce, or the U.S. Government.

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7. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

e. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO

Ombudsman will need to be pursued through more formal venues.

f. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

g. Questions regarding this solicitation and contract language shall be directed to Rafael

Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

NOAA/ERAD INVOICES

Invoices may be submitted electronically to.

An electronic copy of invoices shall be submitted to the Technical Point of Contact, Willie

Williams, at Willie.Williams@noaa.gov AND the Contract Specialist, Jessica Loftus, at

Jessica.Loftus@noaa.gov.

Payment will be made by the designated payment office which is the Department of

Commerce/NOAA Finance Office, Room 1204, 20020 Century Blvd., Room 1204, Germantown, MD 20874.

NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:

(a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment;

(b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility;

(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and mailto:Willie.Williams@noaa.gov

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(d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor.

WAGE DETERMINATION

The following wage determination, in accordance with the Service Contract Act of 1965, as amended, is hereby incorporated by reference into the contract and compliance with the same is mandatory: (to be determined at time of award)

***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (OCT 2018)***

FAR CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS

(MAY 2019)

(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:

- (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).

- (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

- (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).

- (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

- (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

- (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

- (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

- (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

- (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

- (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

- (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and

E.O. 13627).

- (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

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- (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).

- (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

(Oct 2018) (31 U.S.C. 3332).

(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:

- (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).

- (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

- (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

***End of FAR CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (May

2019)***