N0017323Q0244 - COMBINED SYNOPSIS SOLICITATION.docx

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 Effective: 02 JUN 2023.

This is a total small-business set-aside in accordance with 19.502-2 (a) on a Firm-Firm Fixed-Price (FFP) basis.

The associated North American Industrial Classification System (NAICS) code for this procurement is 335311 with a Small Business Size Standard of $800 Employees.

The associated Federal Supply Code (FSC) / Product Service Code (PSC) procurement is 6150.

The following Service Contract Act Wage Determination Number applies to this requirement: 2015-4281.

The Naval Research Laboratory (NRL), located in Washington, DC, is seeking to purchase:

Power Distribution Unit Equipment & Installation in Accordance with the Attached Statement Of Work (SOW)

All interested companies shall provide quotations for the following:

1) APC 144kVA Modular Power Distribution Unit (P/N: PDPM150G6F) – Qty: 2

2) Installation of two (2) PUD’s identified in #1 above, and in accordance with the attached SOW.

Note – Please include/identify any shipping/freight/delivery costs in your quote.

SEE ATTACHED STATEMENT OF WORK – A Site Visit is being scheduled as described below. Attendance at the Site Visit is not required, but is highly encouraged in order to provide an accurate Quote.

Location where work is to be performed:

U.S. Naval Research Laboratory 4555 Overlook Avenue, S.W.

Washington, DC 20375

Delivery Date (Including installation): Within three (3) months after date of award.

SITE VISIT:

A site visit will be held for interested parties to familiarize themselves with the installation location and installation requirements identified in the attached SOW, prior to the date for which bids/offers/proposal are to be submitted. The site visit will be held on Monday, 14 AUG 2023. The site visit will start at 9:00 AM Eastern and end on or before 12:00 PM Eastern – Please arrive 30 minutes prior to the start time. In order to attend this Site Visit, you must have an active registration within the System for Award (SAM) website, prior to the start of the Site Visit – to be verified by the Government, and you must provide evidence of being an authorized APC/Schneider Electric vendor and installer.

In order to attend this Site Visit, you must register by sending an email (Subject of the email shall read: “NRL SITE VISIT - N0017323Q0244”) to robert.gigliotti@nrl.navy.mil with 1) the company’s Cage Code, and 2) Evidence of Authorized APC/Schneider Electric vendor and installer status, on or before Monday, 31 JUL 2023 by 11:00 AM Eastern. Your registration will be verified, and you will receive an email either confirming or rejecting your registration, on or before Friday, 04 AUG 2023 by 11:00 AM Eastern.

If your registration is confirmed, you must coordinate NRL site access requirements (Gate Announcement, Visitor Requests, Visitor Badging, and other site access requirements) with Gerrell Bridges via email: gerrell.bridges@nrl.navy.mil no later than Thursday, 10 AUG 2023 by 11:00 AM Eastern, with the email Subject: “NRL SITE VISIT – ACCESS COORDINATION – N0017323Q0244”.

Failure to meet these requirements as outlined above may result in you not being able to attend the Site Visit.

The full text of FAR & DFARS provisions and clauses may be accessed electronically at https://www.acquisition.gov. The clauses and provisions identified below are to be considered the most up-to-date version, as accessible at https://www.acquisition.gov/.

The following solicitation FAR PROVISIONS apply to this acquisition:

· 52.203-11, Certification & Disclosure Regarding Payments to Influence Certain Federal Transactions

· 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation

· 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

· 52.204-7, System for Award Management

· 52.204-16, Commercial and Government Entity Code Reporting

· 52.204-17, Ownership or Control of Offeror

· 52.204-20, Predecessor of Offeror

· 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment – Attached below to be completed and returned with Quote/Proposal.

· 52.204-26, Covered Telecommunication Equipment or Services - Representation

· 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

· 52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008)

· 52.212-1, "Instructions to Offerors-Commercial Items"

a. FAR 52.212-1 has been tailored to include the following additional instructions:

• This procurement is for new equipment ONLY, unless otherwise specifically stated. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty.

• Vendor shall be an Original Equipment Manufacturer (OEM), an OEM authorized dealer, an authorized distributor, or an authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions

• Offerors are required to submit documentation from the manufacturer stating that they are an authorized distributor for the specific items being procured.

· 52.212-3, "Offerors Representations and Certifications-Commercial Items and Commercial Services"

· 52.217-5, Evaluation of Options

· 52.219-1, Small Business Program Representations

· 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation

· 52.225-18, Place of Manufacture

· 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

· 52.237-1, Site Visit

· 52.252-1, Solicitation Provisions Incorporated by Reference

NRL also includes the following provisions that must be completed and returned by the offeror:

1. FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

2. FAR 52.222-22, Previous Contracts and Compliance Reports

3. FAR 52.222-25, Affirmative Action Compliance

Offerors must complete annual representations and certifications on-line at https://www.sam.gov/ in accordance with FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items." If paragraph (j) of the provision is applicable, a written submission is required.

The following solicitation FAR CLAUSES apply to this acquisition:

· 52.212-4, Contract Terms and Conditions-Commercial Items

· 52.203-3, Gratuities (APR 1984)

· 52.203-12, Limitation of Payments to Influence Certain Federal Transactions

· 52.204-9, Personal Identity Verification of Contractor Personnel

· 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

· 52.204-18, Commercial and Government Entity Code Maintenance

· 52.204-19, Incorporation by Reference of Representations and Certifications

· 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

· 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

· 52.219-28, Post-Award Small Business Program Rerepresentation

· 52.222-43 - Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)

· 52.232-1, Payments

· 52.232-8, Discounts for Prompt Payment

· 52.232-11, Extras

· 52.232-23, Assignment of Claims

· 52.232-39, Unenforceability of Unauthorized Obligations

· 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

· 52.233-1, Disputes

· 52.233-3, Protest After Award

· 52.233-4, Applicable Law for Breach of Contract Claim

· 52.243-1, Changes-Fixed-Price

· 52.247-34, F.O.B Destination

· 52.249-1, Termination for Convenience of the Government (Fixed Price)(Short Form)

· 52.249-4, Termination for Convenience of the Government (Services)(Short Form)

· 52.252-2, Clauses Incorporated By Reference

2. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services.

The following subparagraphs of FAR 52.212-5 are applicable, unless otherwise not applicable by their terms, in which case shall be considered self-deleting:

· 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

· 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

· 52.219-6, Notice of Total Small Business Set-Aside

· 52.222-3, Convict Labor

· 52.222-19, Child Labor-Cooperation with Authorities and Remedies

· 52.222-21, Prohibition of Segregated Facilities

· 52.222-26, Equal Opportunity

· 52.222-36, Equal Opportunity for Workers with Disabilities

· 52.222-41, Service Contract Labor Standards

· 52.222-42, Statement of Equivalent Rates for Federal Hires

· 52.222-50, Combating Trafficking in Persons

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

· 52.225-13, Restrictions on Certain Foreign Purchases

· 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

3. DFARS 212.301 - Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items DoD Class Deviation 2018-O0021, Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System, issued October 1, 2018 (Revised October 1, 2018): DoD Class Deviation 2018-O0021

The following solicitation DFARS PROVISIONS apply to this acquisition:

· 252.203-7005, Representation Relating to Compensation of Former DoD Officials

· 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

· 252.204-7016, Covered Defense Telecommunications Equipment or Services – Representation

· 252.204-7017, Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services—Representation

· 252.215-7007, Notice of Intent to Resolicit

The following solicitation DFARS CLAUSES apply to this acquisition:

· 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

· 252.203-7002, Requirement to Inform Employees of Whistleblower Rights

· 252.204-7003, Control of Government Personnel Work Product

· 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor

· 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

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

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

· 252.211-7003, Item Unique Identification and Valuation

· 252.211-7008, Use of Government-Assigned Serial Numbers

· 252.223-7008, Prohibition of Hexavalent Chromium

· 252.225-7013, Duty-Free Entry

· 252.227-7015, Technical Data - Commercial Items

· 252.227-7037, Validation of Restrictive Markings on Technical Data

· 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

· 252.239-7010, Cloud Computing Services

· 252.239-7018, Supply Chain Risk

· 252.244-7000, Subcontracts for Commercial Items

· 252.246-7003, Notification of Potential Safety Issues

· 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations

SUBMISSION INSTRUCTIONS:

All Offerors shall submit 1 (one) copy of their technical and price quote.

Include your company Unique Entity ID and Cage Code on your quote.

All quotations shall be sent via e-mail.

Buyer Name: Robert Gigliotti; email: robert.gigliotti@nrl.navy.mil.

Please reference this combined synopsis/solicitation number on your correspondence and in the "Subject" line of your email.

ALL QUESTIONS REGARDING THE SOLICITATION SHALL BE SUBMITTED VIA EMAIL.

The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein.

Award may be made without discussions or negotiations, therefore prospective contractors are required to have an active registration in the System for Award Management (SAM) database (www.sam.gov) in accordance with Federal Acquisition Regulation (FAR) Part 4.1102 and Part 52.204-7 when submitting a response to this solicitation.

The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Lowest Price Technically Acceptable - Offers will be ranked lowest to highest according to price. A price analysis will be conducted to determine whether the lowest price will result from a single award or multiple awards. Based on the price analysis, the lowest price offer or multiple offers, will be forwarded to the requiring activity for technical evaluation (offer(s), in accordance with the specifications, will be deemed either technically acceptable or technically unacceptable). If the lowest price offer or offers is found technically acceptable and the pricing determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer(s). If the lowest price offer is determined technically unacceptable, another analysis will be conducted amongst the remaining offers to determine if a single or multiple awards will provide the lowest price. The lowest price offer(s) will be sent for technical evaluation. This process is repeated in order of price until an offer or combination of offers is deemed technically acceptable and price is determined fair and reasonable.

Factor 1 Sub-factors:

a) Contractor (and any proposed Subcontractor) Qualifications:

Offerors/Contractors bidding on this requirement shall possess and provide evidence of the following:

i) The Offeror (and any proposed Subcontractor) must be an authorized APC/Schneider Electric Vendor (Reseller), and/or Installer. Offeror must provide evidence of authorized APC/Schneider Electric Vendor (Reseller), and/or Installer status.

ii) Personnel Background Checks – All potential personnel shall be required to submit to, and pass, any required background checks for gaining entrance to NRL.

2) Past Performance – To include Past Performance Surveys (from Commercial Contracts or Government Contracts) and CPARs information (if applicable). Companies without CPARs information will not be adversely impacted. Offeror’s must provide at least two (2) recent (within the last 3 years from the date of this amendment) and relevant (similar in scope) efforts in which they performed the same or similar services as those described in the Statement of Work. Any proposed subcontractors must also submit at least two (2) recent (within the last 3 years) and relevant (similar in scope) efforts in which they performed the same or similar services as those described in the Statement of Work.

Past Performance surveys are to be sent from the Reference directly to the Government Technical POC and Contracting Officer, no later than the due date determination provided via SAM.gov. It is the sole responsibility of the Offeror to ensure Past Performance surveys are completed and sent to the aforementioned Government POCs

Past Performance will be rated as Acceptable or Unacceptable. Offeror’s whose Past Performance is rated as Unacceptable will be not be considered for Contract Award.

Past Performance Acceptable/Unacceptable Rating Method

Terms and Conditions. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Exceptions. Offeror shall list exception(s) and rationale for the exception(s).

Submission shall be received not later than the response date listed above. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). E-mailed submissions are accepted and are the preferred form of submission. Receipt will be verified by the date/time stamp on fax or e-mail.

In addition to the three (3) provisions identified above that must be completed and returned by the Offeror, the following provision must also be completed and returned by the Offeror:

Interim FAR rule 2019-009, published on July 14, 2020, and effective on August 13, 2020

Instruction to Offeror: Complete the attached 52.504-24 and include it with your offer.

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

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 the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items.

(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) Representations. 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)

Past Performance Survey

OFFEROR INSTRUCTIONS: A separate survey must be completed for each reference. The completed surveys must be submitted directly to the Government Technical POC and Contracting Officer.

EVALUATOR INSTRUCTIONS: The Naval Research Laboratory is considering the company listed below for award of a Naval Research Laboratory contract. Your comments would be appreciated regarding this company’s past performance. The name of the individuals providing reference information is confidential and will not be released or made publicly available.

Name of Company being evaluated:

Evaluator’s Name:

Evaluator’s Company Name, Address and Phone number:

Indicate what contracts did this company provided for you? Provide the total contract amount, dates of performance, and contract number.

Evaluation Questions

Please rate the overall quality of work using a scale of (Excellent, Good, Fair, Marginal, Unacceptable). Comments in support of the rating are welcome.

Were there any performance issues/concerns? If so, how were they handled?