Combined Synopsis Solicitation_PHWHS_APL-61.docx

This notice is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in Federal Acquisition Regulation (FAR) Part 13 using Simplified Acquisition Procedures (SAP). 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 will be posted to the System for Award Management at https://sam.gov/ and/or Procurement Integrated Enterprise Environment (PIEE) at https://piee.eb.mil. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice.

The RFQ number is N5005423Q0198. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-02 and the DFARS Publication Notice (DPN) 20230301.

This combined Synopsis/Solicitation is for Brand Name only. The Government intends to solicit and contract with Hubbell Electric Heater Co., for the Potable Hot Water Heater System parts IAW attachments under the authority of FAR 13.106-1(b)(ii)(2) on a brand name basis.

All parts shall be new. No refurbished or used parts will be accepted. Please review attachments listed for additional information.

Business Size Standard Information:

Small Business Set-Aside: Yes NAICS Code: 333414 Size Standard: 500

Small Business Competition Advocate

MARMC Small Business Professional Stacey Cooper stacey.l.cooper10.civ@us.navy.mil 757-837-8811

Delivery and Shipping Information:

Required Deliver Date (RDD) or Period of Performance (POP): 24 January 2024

Shipping Terms: Shipping shall be FOB Destination per FAR 52.247-34 (in full text below).

Ship to Address:

Jeffrey Manian, Project Manager APL-61 MITS Warehouse 1728 South Military Highway Chesapeake, VA 23320

Provisions and Clauses:

It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. Full text versions of each provision and clause may be accessed via the following websites:

FAR: www.acquisition.gov DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html NMCARS: https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

The following FAR and DFARS provisions and clauses are applicable to this procurement. Supplementary provisions and clauses may be added/removed prior to award.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-7 System for Award Management 2.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-6 Brand Name or Equal 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services 52.212-2 Evaluation - Commercial Products and Commercial Services 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services 52.219-4 Notice of Price Evaluation Preference for HUBZone 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 52.222-22 Previous Contracts and Compliance Reports 52.222-26 Equal Opportunity 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-50 Combating Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 Restriction on Certain Foreign Purchases 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications 52.232-33 Payment by Electronic Funds Transfer--System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 2.233-3 Protest after Award.

52.233-4 Applicable Law for Breach of Contract Claim 52.240-22 Alternative Line Item Proposal 52.247-34 FOB Destination 52.252-1 Solicitation Provisions Incorporated by Reference 52.252-2 Clauses Incorporated by Reference 252.203-7000 Requirements Relating to Compensation of Former DOD Officials 252.203-7002 Requirements 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 Information 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information to Litigation Support 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements 252.204-7020 NIST SP 800-171 DoD Assessment Requirements 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.211-7003 Item Unique Identification and Valuation 252.211-7008 Use of Government-Assigned Serial Numbers 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7000 Buy American--Balance of Payments Program Certificate 252.225-7001 Buy American and Balance of Payments Program 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7048 Export-Controlled Items 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area WorkFlow Payment Instructions 252.232-7010 Levies on Contract Payments 252.244-7000 Subcontracts for Commercial Items 252.246-7000 Material Inspection and Receiving Report 252.247-7023 Transportation of Supplies by Sea

Provisions and Clauses in full text:

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

(c) (1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision) FAR 52.247-34 F.o.b. Destination.

As prescribed in 47.303-6(c), insert the following clause:

F.o.b. Destination (Nov 1991)

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause) Attachments:

ATTACHMENT I: Statement of Work ATTACHMENT II: Justification and Approval (J&A) – Brand Name ATTACHMENT III: FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Full Text) ATTACHMENT IV: FAR 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (Full Text)