Commercial Solicitation N6893621R0020.docx

N6893621R0020

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Email address: suzanne.schumacher@navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

Section B - Supplies or Services and Prices

Machine Shop Tools & Equipment

FFP

The contractor shall provide Machine Shop Tools and Equipment in accordance with Section C Statement of Work herein and as specified in each Delivery Order (DO). The contract ordering period is five years, also referred to herein as a five year period of performance.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300849381

PSC CD: 3419

MAX

NET AMT

Tools & Equipment Related Services

FFP

The contractor shall provide services related to Machine Shop Tools and Equipment in accordance with Section C Statement of Work herein and as specified in each DO or Task Order (TO). The contract ordering period is five years, also referred to herein as a five year period of performance.

FOB: Destination

PSC CD: 3419

MAX

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Machine Shop Tools & Equipment and Associated Services

3 February 2021

1.0 SCOPE

The Applied Manufacturing Technology Division (AMTD, Code D554000) of the Naval Air Warfare Center, Weapons Division, China Lake, CA (NAWCWD-CL) intends to procure various types of machine tools, work holding devices and peripheral equipment for conventional, computer numerically controlled equipment, and services, including installation and training, associated with acquired machinery. These tools and equipment will be utilized by AMTD to build products in support of requirements for the Weapons Division. AMTD will specify the applicable criteria for each requirement through the issuance of individual delivery/task orders.

2.0 APPLICABLE DOCUMENTS

The actual product requirements for each machining item or service will be delineated in the Statement of Work (SOW) of each delivery/task order from the Ordering Officer or Contracting Officer.

3.0 MACHINE TOOL AND EQUIPMENT REQUIREMENTS

3.1 PRODUCT REQUIREMENTS

The contractor shall supply products in accordance with this SOW, and the requirements set forth in each delivery/task order. Commercially-available machine tool products and equipment may be acquired by this procurement. At a minimum, the Government intends to purchase the following: abrasive processing equipment and consumables, work holding devices such as chucks and vises, peripheral devices such as rotary tables and boring bars, press brake dies, shear blades, fabrication and welding equipment, custom-ground cutters and tools, tool holder carts, hoppers, grinding machines, computer-numerically controlled equipment, additive manufacturing equipment, and conventional equipment and applicable accessories. Orders may include a wide variety of tooling, equipment and consumables with regular frequency, as well as installation and training of equipment as specified in individual delivery/task orders. The contractor shall provide supporting documentation and certification verifying compliance with applicable specification requirements for each product ordered.

3.2 SERVICE REQUIREMENTS

3.2.1. Maintenance Services

The contractor shall provide maintenance services for machinery, equipment, or tooling that is already owned by the Government and is on-site at NAWCWD-CL.

Maintenance is defined as work required to ensure that machines continue to be fully functional, and involves the use of special tools, specific parts, and/or unique software capabilities and updates.

3.2.2 Repair Services

The contractor shall provide rapid-response repair services for machinery, equipment, or tooling that is already owned by the Government and is on-site at NAWCWD-CL.

Repair is defined as the industry-accepted term, to mean, restoration of machines to a working status that are currently non-functional. Rapid response is characterized as requiring a turnaround time of 24 business hours.

3.2.3 Relocation Services

The contractor shall provide relocation services of machinery, equipment, or tooling that is already owned by the Government and is on-site at NAWCWD-CL.

Relocation involves physically moving machines from their current location near or on NAWCWD-CL to the new Machine Shop facility on-site.

4.0 SPECIAL CONSIDERATIONS

Products and services procured under this contract are considered time critical; therefore, timely delivery is paramount.

The optimum delivery time for products is considered two weeks, however, the Government may have requests for items requiring overnight shipping. Exact delivery requirements will be specified in each individual order.

For service requirements, the contractor shall respond at the Government site within one week of task order issuance, unless otherwise specified in an individual order.

The contractor shall be responsible for delivery of all items to NAWCWD-CL AMTD at the addresses specified in individual orders.

4.1 PACKING AND SHIPPING

Shipping and preservation shall be in accordance with best commercial practices, as well as in line with delivery locations specified in individual orders.

Section D - Packaging and Marking

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

(NAVAIR) (AUG 2019)

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

TONY SMALL

1900 N. KNOX ROAD, WING 8 (WEST END) MACHINE

STOP 6621, BUILDING 00005, ROOM 100D

CHINA LAKE CA 93555

(760) 939-0663

N68936

N68936

Section G - Contract Administration Data

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Ms. Cindy Shaver, Deputy Assistant Secretary of the Navy (Procurement), 1000 Navy Pentagon, Washington, DC 20350, phone (703) 614-9600, fax (703) 614-9394, and email NCAG@navy.mil.

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice and Receiving Report (COMBO)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2-in-1 (Services Only)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contact the Contract Specialist listed in Section A of this document if the WAWF Helpdesk below cannot alleviate the issue.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

* To be completed at DO/TO level

* To be completed at award

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

ORDERING INSTRUCTIONS

INTRODUCTION

The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. Orders estimated at greater than $10,000.00 will be competed among contract holders. For purposes of this requirement, an order is defined as the total estimated value of an entire order, and not individual line items or single unit price.

REQUEST FOR QUOTE (RFQ)

The Ordering Officer, designated under clause G-TXT-04 (above), will issue a request for quotation, via electronic mail. This request will include:

1. Delivery/Task Order number

1. Item(s) description

1. Quantity

1. Delivery date

1. Delivery point

1. Specifications or other documents, if necessary

1. Certifications, if necessary

1. Quotation submission deadline (date and time)

1. Evaluation and award procedures

CONTRACTOR’S QUOTE

The contractor’s quote shall include, as a minimum:

1. Unit price

1. Total order price, including shipping

1. Proposed delivery date

1. Origin of proposed materials

1. Other information as delineated in each RFQ

1. If subcontracting is contemplated, the quote shall include:

5. Name and address of subcontractor

5. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents

5. NAICS Code for work or items provided by subcontractor

5. Price

5. Percent of work to be performed by the subcontractor

CLARIFICATIONS

Offerors may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the Offeror clearly identifies which data is proprietary and the Government agrees with the determination. In the case that the Government does not agree with the determination, the offeror will be notified prior to the release of the potentially proprietary information.

LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWL OF OFFERS

Quotes received after the deadline, as specified in the RFQ, are “late” and will not be considered unless it is the only offer received. Offerors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension. Modifications and revisions must be received prior to the deadline date in order to be considered; however, modifications of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted. Revised offers may be withdrawn by written notice (email is acceptable) at any time before the exact time set for receipt of offers.

NO-BID/NON-INTEREST

Offerors that are unable to provide quotes for RFQs issued by the Government are requested to respond with a no-bid/non-interest letter. Offerors who frequently fail to respond to RFQs, or frequently respond with no-bid/non-interest may be terminated for convenience.

DELIVERIES

Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors. Consideration to revise the delivery date may be proposed by vendors but must be of value to the Government. (Suggestions include free/expedited shipping, product discount, additional product, invoice reduction, etc.) In the case that consideration proposed by the vendor for late delivery is accepted by the Government, a modification to the delivery/task order will be issued. In this modification, the scheduled delivery date will be changed to reflect the newly agreed upon delivery date, and Past Performance will NOT be impacted negatively.

The Ordering Officer will notify the Contracting Officer of any late deliveries. Such continued late deliveries may disqualify contractors from participation in future competitions for additional orders. The contractor will be notified of such decisions before any action is taken.

EVALUATION/AWARD

Evaluation and award procedures will be tailored to each Delivery/Task Order and will typically be issued either on the basis of price alone or with consideration of price and other factors (trade-off) as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.

1. Lowest Price

The Government may issue an order to the lowest price Offeror after it is verified that the quote(s) received meet(s) the requirements of the RFQ, that the delivery schedule is met, and that the Offeror has a satisfactory past performance.

1. Tradeoff

The Government may issue an order to the Offeror whose offer, conforming to the RFQ, will be most advantageous to the Government, price and other factors considered. The following factors may be used to evaluate offers:

1. Technical (proposing to supply the requested materials/services and any required certifications).

1. Delivery Date

1. Past Performance

1. Price

The Government will conduct evaluation of received quotes. The Government will select the quote that offers the greatest value to the Government. Notification will be given only to the successful Offeror.

ORDERS LESS THAN $10,000.00

Orders valued at less than $10,000.00 may be issued without a RFQ, and issued to any contract awardee at the discretion of the Ordering Officer. However, the Government reserves the right to request a quote from any or all contract awardees.

ORDERS BETWEEN $10,000.00 AND $50,000.00

Orders estimated to be valued over $10,000.00 up to $50,000.00 will be competed using the procedures listed within section H of this contract.

ORDERS GREATER THAN $50,000.00

Orders that are estimated to exceed $50,000.00 will be competed using the procedures described in this section; however, any ensuing orders will be issued on a SF 1449 by the Contracting Officer.

MODIFICATIONS TO PROCEDURES

These procedures may only be modified by mutual agreement of the Contracting Officer and all MAC holders.

5252.216-9507 FAIR OPPORTUNITY PROCEDURES (NAVAIR)(SEP 2016)

H-TXT-EQR California earthquake recovery efforts July 2019 - Earthquake Recovery

Emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" as they relate to the California earthquake recovery efforts identified on July 2019 apply to this procurement.

Contracting officers consult the Disaster Response Registry via the System for Award Management (SAM) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities.

Section I - Contract Clauses

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2021) ALTERNATE I (FEB 2000)

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

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(2) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(3) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(4) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(5) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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.

(6) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(7) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(8) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.4212).

(9) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793).

(10) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.4212)

(11) 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.

(12) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(13)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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 and E.O 13627).

(14) 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).

(15) 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).

(16) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(17) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(18) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(19)

(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(20) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(21) 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.

(22) 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.

(b) 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)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from * through *.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

* To be completed at award.

Addendum to FAR 52.216-19 The maximum combined value of all orders issued under the awarded contracts for solicitation N6893621R0020 shall not exceed $40,000,000.00.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one 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/browse/index/far

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2021)

(a) Definitions. As used in this clause--

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD,…