Combined_Synopsis_Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

DYANAMIC POSITIONING SYSTEMS (DPS) INSTALLATION FOR NOAA SHIPS

BELL M SHIMADA AND PISCES

(I) This is a combined synopsis/solicitation for commercial services that is prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice; in accordance with simplified acquisition procedures authorized by FAR 13.5. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The Government intends to award a firm-fixed-price contract based on its selection of the offer that represents the best value to the Government.

The offeror will submit a quote for the items referred to in Attachment 2, Statement of Work

(SOW).

(II) This solicitation is issued as a Request for Quotation (RFQ). Submit written quotes on RFQ

Number AB-133M-16-RQ-0550.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88 (effective 15 Jun 2016).

(IV) This acquisition is issued unrestricted. The associated NAICS code is 334511, Search, Detection, Navigation, Guidance, and Aeronautical System and Instrument Manufacturing. The business size standard is 1,250 employees. Offers are highly encouraged to include this NAICS code in their SAM profile.

(V) A list of contract line item numbers, quantities and unit of measure are on Attachment 1, SF18 Request for Quote. This solicitation is to procure a dynamic positioning system, to include commissioning, installation, and training for NOAA Ship Bell M Shimada with an option to add the NOAA Ship Pisces (either at award or at a later date), in accordance with the requirements set forth in the Statement of Work.

(VI) For a description of the requirements associated with this acquisition, refer to attached

Statement of Work.

(VII) Place of performance: The contractor shall install the DPS on the Bell M Shimada in

Newport, OR and on the Pisces in Pascagoula, MS. The estimated Required Delivery Date is from 7 Jan 17. Installation shall be done prior to this date and must be coordinated with the

Contracting Officer’s Representative (to be determined at time of award). FOB is Destination.

The Government reserves the right to inspect and accept the work within 10 days after completion.

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

2014), applies to this acquisition. The offeror shall submit a quote for each line item in the attached Standard Form 18.

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS

Additional Quote Preparation Instructions:

(a) General Instructions

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information may result in the quote being considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

(1) The quote must be prepared in three parts: A technical approach, past performance references, and a price quote. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other.

The technical approach must not contain reference to price; however, adequate information must be contained in the technical approach so that the offeror’s technical approach is sufficiently detailed to provide a clear and concise presentation that addresses all contract requirements and demonstrates a clear understanding of the requirements.

(2) The technical approach and past performance references should be typed, double-spaced, with one inch margins, using size 11-font or equivalent, and printed, unreduced in size, on

8½" by 11" paper. The technical approach and past performance reference shall be no more than eight (8) pages combined. There is no size limitation for price quotes.

(3) The offeror shall submit:

a. Technical Approach: One (1) copy, electronic preferred.

b. Past Performance: One (1) copy, electronic preferred.

c. Price Quote: One (1) copy, electronic preferred.

(4) Offerors are responsible for submitting quotes, and any revisions, so as to reach the office identified in Block 5 of the SF-18 no later than 2:00 p.m. Pacific Time on July 21, 2016.

Email submissions are encouraged and may be sent to matt.sanders@noaa.gov.

Otherwise, offers may be mailed to Mr. Sanders’ attention at the address in Block 5a on the attached SF 18.

Any package not marked or incorrectly marked for identification as a quote and is subsequently delivered late will not be considered for award.

Regardless of the delivery method used, it is up to the vendor to ensure quotes are received in the contracting office by the specified due date.

(5) The Government will evaluate quotes in accordance with the provisions set forth in this section and with the evaluation criteria in Section IX below.

(6) The Offerors shall identify and explain any exceptions or deviations taken to any part of the solicitation or conditional assumptions made with respect to the technical requirements of the solicitation. Offerors should note that taking exceptions to the

Government’s requirements may indicate an unwillingness or inability to perform the contract, and the quote may be evaluated as such.

(a) Technical Approach Instructions

The technical quote shall:

Describe in detail the offeror's ability to meet or exceed the requirements and the salient characteristics set forth in the Statement of Work (SOW).

(b) Past Performance Reference

Provide a list of no more than three to five of related relevant contracts, similar in size and scope, in whole or in part, to the Statement of Work herein over the last 3 years. This list shall include a brief description of the offeror’s performance, dollar value, period of performance/delivery date, and current points of contact.

(c) Price Quote Instructions

Price quotes must adhere to the pricing structure established in the SF-18.

Vendors must quote prices for all Contract Line Items (CLINS).

The Price Quote shall consist of the following solicitation sections that are required to be completed and returned:

i. SF-18 - Acceptance Period – Any acceptance period entered on the quote form by the offeror shall not be less than sixty days, which shall apply if no other period is offered.

ii. Representations and Certifications – The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications –

Commercial Items (Apr 2016), with its Quote. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at System for Award

Management (SAM) at www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(7) All vendors doing business with the Government are required to be registered with the

System for Award Management (SAM), at www.sam.gov, which replaces the CCR and ORCA systems formerly used for this purpose. NO award can be made unless the vendor is registered in SAM.

(8) In order to register in SAM and be eligible to receive an award from this acquisition office, all vendors must first have a Data Universal Numbering System (DUNS) number issued by Dun

& Bradstreet, Inc. Vendors may obtain a DUNS number free of charge by visiting http://www.sam.gov/ http://fedgov.dnb.com/webform or by calling the Dun & Bradstreet Customer Resource Center at (800) 333-0505.

ELECTRONIC TRANSMISSION INFORMATION

The Offeror is requested to insert an e-mail address and facsimile number applicable to the firm’s contact point for this solicitation.

Email Address: ___________________________________________

Fax Number: ______________________________________________

DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

The Offeror is requested to insert the Dun and Bradstreet (DUNS) Number applicable to the Contractor’s address shown on the solicitation form.

DUNS Number: __________________________

IDENTIFICATION OF AUTHORIZED NEGOTIATOR

The following are authorized to negotiate for and make binding agreements for the Offeror:

Name: ________________________________________

Telephone: ____________________________________

Email: ________________________________________

Fax: __________________________________________

(IX) FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS (OCT 2014), applies to this acquisition.

(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:

(i) Technical Approach to meet the Government requirement.

(ii) Past Performance

(iii) Price

The contract resulting from this solicitation will be awarded to that responsible Offeror whose quote, conforming to the solicitation instructions, is deemed the best value, meeting or exceeding the

Government’s requirements.

http://fedgov.dnb.com/webform

(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)

(X) The clause at FAR 52.212-4, CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (MAY 2015), applies to this acquisition.

(XI) The clause at FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUN 2016)

applies to this acquisition as follows:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract

Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-

117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

__X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637

(d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657f).

__X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)

(15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(Dec 2015) (15 U.S.C. 637(m)).

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

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb

2016) (E.O. 13126).

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

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

_X__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

__X_ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer

Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

_X__ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Jul 2013) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__X_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

__X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter

67.).

_X__ (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) (May 2014) (29 U.S.C.206 and

41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May

2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter

67).

(xi) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O.

13627).

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Jul 2013) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

(XII) The following additional contract requirements apply:

FEDERAL ACQUISITION REGULATION CLAUSES:

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/index.html

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998).

This contract incorporates on or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/index.html

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2015)

FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990).

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

FAR 52.232-1 PAYMENTS (APR 1984)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

FAR 52.233-1 DISPUTES (MAY 2014)

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (JAN 1991)

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

FAR 52.243-1 CHANGES – FIXED-PRICE (AUG 1987)

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984).

The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

DEPARTMENT OF COMMERCE CLAUSES:

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

(a) Will be designated at time of award via letter. The COR may be changed at any time by the Government without prior notice to the contractor by a contracting officer letter.

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the

Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the

COR. No such changes shall be made without the express written prior authorization of the

Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

CAR 1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION

PROCEDURES (APR 2010)

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

1. Evaluation Factor 1 – Technical Approach of the Offeror to Meet the Government Requirement The quote will be evaluated on how the offeror describes, in sufficient detail, how the offeror’s proposed product and approach to the work meets the government’s requirements as stated in the Statement of

Work, through the submission of product literature, technical features, warranty provisions, required maintenance actions of the proposed system, demonstrated vendor worldwide supportability, remote capability, firmware/software upgrade history and future upgrade schedules, mathematical modeling to support DPS functions, end of production life date for system parts, technical approach, or other relevant information. This factor will be evaluated on an ‘acceptable’ or ‘unacceptable’ basis.

2. Evaluation Factor 2 - Past Performance The offeror and any major subcontractors' past performance on related relevant contracts, similar in size and scope, in whole or in part, to the Statement of Work herein over the last 3 years will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, effective management of subcontractors, cost management, level of communication between the contracting parties, proactive management and customer satisfaction.

The Government reserves the right to assess the past performance of proposed subcontractors. The

Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency’s knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases.

Past performance will be rated on an ‘acceptable’ or ‘unacceptable’ basis. If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating.

3. Price/Cost

Quoted prices will be evaluated but not scored. The price evaluation will also determine whether the prices quoted are reasonable.

Quotes must be entered on all items included in the Price Schedule.

The price which will be considered for the purpose of determining the award price will be the cumulative sum price for all CLINs appearing on the pricing schedule.

Offerors are cautioned that failure of the price quote to fully reflect the effort described in the non-price portions of the quote, or take exception to the Government’s terms and conditions, may be grounds for the

Government to determine that the Offeror does not adequately understand the effort required under the solicitation, and, therefore, may result in a determination that the quote is unacceptable. Offerors are further cautioned that submission of a price quote which is determined by the Government to be unreasonably high or unreasonably low may result in rejection of the quote in its entirety, regardless of the merits of the non-price portions of the quote.

A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful

Offeror within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote’s specified expiration time, the Government may accept a quote (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)

AWARD BASIS

A. The contract resulting from this solicitation will be awarded to that responsible Offeror whose quote, conforming to the solicitation instructions, is deemed the best value, meeting or exceeding the

Government’s requirements.

B. The price that will be considered for the purpose of determining the best value quote to the

Government will be calculated by determining the cumulative sum price for all CLINs appearing on the pricing schedule.

(End of Provision)

CAR 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the Contract

Specialist, Mr. Matt Sanders at matt.sanders@noaa.gov. Questions should be received no later than 2:00 PM PDT, July 10, 2014. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

(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

Fed. Reg. 16,651 (April 6, 1999)

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

mailto:matt.sanders@noaa.gov

Mr. Robert Berg

Contracting Officer

Western Acquisition Division

7600 Sand Point Way NE

Seattle, WA 98115

Fax: (206)526-6025

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

Senior Procurement Executive and

Director, Office of Acquisition Management

U.S. Department of Commerce

Room 6422

Herbert C. Hoover Building

1401 Constitution Avenue N.W.

Washington, D.C. 20230

FAX: (202) 482-1711

(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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

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

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of

Federal Claims.

(c) 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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(XIII) The Defense Priorities and Allocations System (DPAS) does not apply.

(XIV) For more information regarding this solicitation, please contact Mr. Matt Sanders, Contract Specialist, at matt.sanders@noaa.gov.

mailto:matt.sanders@noaa.gov