Combined Synopsis-Solicitation-Potable Water Supply.pdf

COMBINED SYNOPSIS/SOLICIATION ‘COMBO’

Potable Water Supply

Fort Wainwright, Alaska

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

ii. Solicitation W912D0-21-Q-0001 is issued as a Request for Quotation (RFQ).

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-09, effective 26 October 2020. The DFARS provisions and clauses are those in effect 1 October 2020.

iv. This requirement is solicited as a 100% small business set-aside. The North American

Industrial Classification System (NAICS) code associated with this procurement is 221310, Water Supply and Irrigation Systems with a size standard of $30.0 million.

v. The Pricing Schedule is incorporated as Attachment 2. Contractor shall complete

Attachment 2 in its entirety and return with any other documentation/data as required by this combined synopsis/solicitation.

vi. The government intends to award a Firm-Fixed Price (FFP) contract for the following:

Attachment 1: Potable Water Supply-Requirements Document

vii. Delivery shall be FOB Destination.

Fort Wainwright and Yukon Training Area, Alaska

Delivery information are as follows:

CLIN Year Ordering Periods 0001 Base Year 9 December 2020 – 8 December 2021 1001 Option Year 1 9 December 2021 – 8 December 2022 2001 Option Year 2 9 December 2022 – 8 December 2023 3001 Option Year 3 9 December 2023 – 8 December 2024 4001 Option Year 4 9 December 2024 – 8 December 2025

viii. Submission of Invoices. In accordance with FAR clause 52.212-4(g) the contractor shall submit all invoices electronically utilizing Wide Area Workflow (WAWF). Procedures for using WAWF are found in DFARS Clause 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

ix. FAR 52.212-1 Instructions to Offerors -- Commercial Items (Jun 2020) is hereby incorporated by reference, with the same force and effect as if it were given in full text.

In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect. The following have been tailored to this procurement and are hereby added via addendum:

a. To assure timely and equitable evaluation of the proposal, the vendors must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

b. Specific Instructions: The response shall consist of 2 separate parts:

a. Part I - Price – Submit one (1) copy of the price schedule

(Attachment 2). Contractor shall fill out the unit price for each CLIN only, limited to two decimal places. The quantities stated within the pricing sheet are estimates only. The Contractor is not guaranteed to receive the estimated quantities.

Pricing shall include labor, material, equipment, handling, transportation, deliver, management, market conditions, lower than expected contract value, risk of doing business and other pricing elements that are not stated herein.

b. Part II – Required Representations. Contractor shall complete FAR 52.204-25 and FAR 52.204-26

c. Award will be made to the vendor whose quote is conforming to the solicitation and is determined to be the lowest price.

x. FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014) this provision has been tailored to this procurement and is provided in full-text below:

a. Price will be considered. The Government intends to evaluate quotes and award without discussion, but reserves the right to conduct discussions. The lowest priced quote will be evaluated first. Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

b. In accordance with FAR 9.103, all contracts shall be awarded only to responsible contractors. The Contracting Officer will make an affirmative determination of contractor responsibility in accordance with the standards set forth in FAR 9.104. A prospective contractor that is or recently has been seriously deficient, or that has received either a Termination for Cause of Termination for Default within the last 12 months from the issuance date of the current solicitation, will be presumed to be nonresponsible. Quotes that are submitted by contractors that are deemed nonresponsible will be rejected.

Award will be made to the lowest priced quote upon determination of contractor responsibility.

c. A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful vendor 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 a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

xi. Each vendor shall ensure the provision at FAR 52.212-3 including its Alternate I, Vendors Representations and Certifications--Commercial Items (Oct 2020), are updated at www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award.

xii. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct

2018), is hereby incorporated by reference, with the same force and effect as if it were given in full text. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items (Aug 2020), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

Additionally, the following clauses apply to this acquisition:

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

JUL 2018

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment

AUG 2020

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

JUN 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of

Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control of Government Personnel Work Product

APR 1992

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

NOV 2020

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items SEP 2020

CLAUSES AND PROVISIONS INCORPORATED BY FULL-TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete 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) Representation. 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)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

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)

52.216-19 Order Limitations.

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1)Any order for a single item in excess of

(2)Any order for a combination of items in excess of $30,000.00.

(3)A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c)If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d)Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements.

Requirements (Oct 1995)

(a)This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b)Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c)Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d)The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e)If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f)Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 8 December 2025.

52.217-8 Option to Extend Services.

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 30 days of the contract expiration date.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

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 within 10 days of the start of the next option period provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 60 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 60 months.

(End of clause)

xiii. Options: Base year plus four one-year options.

xiv. No Defense Priorities and Allocations System (DPAS) assigned rating applies to this acquisition.

xv. NOTICE TO ALL INTERESTED PARTIES:

a. Questions shall be submitted electronically via e-mail to remodino.s.delacruz.civ@mail.mil no later than 5 November 2020 at 10:00 AM Alaska Time.

b. Offers shall be submitted electronically via e-mail to remodino.s.delacruz.civ@mail.mil no later than 10 November 2020 at 10:00 AM Alaska Time. Quotes shall include the following:

a. Part I - Price – Submit one (1) copy of the price schedule (See

Attachment 2)

b. Part II - Required Representations. Contractor shall complete FAR 52.204-25 and FAR 52.204-26

BASIS OF CONTRACT AWARD: This is a competitive action in which award shall be made to the lowest priced quote.

Contact Information:

Remo Dela Cruz, Contracting Specialist remodino.s.delacruz.civ@mail.mil

John Quarles, Contracting Officer john.r.quarles.civ@mail.mil

xvi. List of Appendices/Attachments:

Attachment 1: Potable Water Supply-Requirements Document Attachment 2: Pricing Schedule