FBO_ECDIS_RADAR.doc

Section SF 1449 - CONTINUATION SHEET

LEWIS AND CLARK/RDD 1 MAR 2016/65900AA VMFT PCIO Unit/VISIONMAST

FFP

LEWIS AND CLARK/RDD 1 MAR 2016/65900AA VMFT PCIO Unit/VISIONMASTER FT/VM3 ECDIS

FOB: Destination

PURCHASE REQUEST NUMBER: N231915225CB01B

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65900528 Monitor Serial Interface Cable /VISIONMASTER FT/VM3 ECD

65900528 Monitor Serial Interface Cable /VISIONMASTER FT/VM3 ECDIS

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T65900625-3 On/Off Switch with Buzzer /VISIONMASTER FT/VM3 ECDI

T65900625-3 On/Off Switch with Buzzer /VISIONMASTER FT/VM3 ECDIS

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T65900635 USB Connector Assembly /VISIONMASTER FT/VM3 ECDIS

T65900635 USB Connector Assembly /VISIONMASTER FT/VM3 ECDIS

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32SDV005 USB Programmed Multi-node Dongles /VISIONMASTER FT/VM3 E

32SDV005 USB Programmed Multi-node Dongles /VISIONMASTER FT/VM3 ECDIS

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65901AT ANQ VMFT Radar Processors

65901AT ANQ VMFT Radar Processors

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65903KG KEYBOARD

65903KG KEYBOARD

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65900520 Video Data Cable

65900520 Video Data Cable

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65900711 VMFT Radar Manuals

65900711 VMFT Radar Manuals

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SACAGAWEA/RDD 01 MAR 2016/65901AN SPERRY VMFT ECDIS Processor/EL

SACAGAWEA/RDD 01 MAR 2016/65901AN SPERRY VMFT ECDIS Processor/ELECTRONIC CHART DISPLAY INFO SYS (ECDIS)

PURCHASE REQUEST NUMBER: N231925225CB02B

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65903KF Trackball /ECDIS

65903KF Trackball /ECDIS

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65900AA VMFT PCIO Unit /ECDIS

65900AA VMFT PCIO Unit /ECDIS

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65900AA VMFT PCIO Unit /ECDIS

65900AA VMFT PCIO Unit /ECDIS

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T65900625-3 On/Off Switch with Buzzer /ECDIS

T65900625-3 On/Off Switch with Buzzer /ECDIS

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T65900635 USB Connector Assembly /ECDIS

T65900635 USB Connector Assembly /ECDIS

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32SDV005 USB Programmed Multi-node Dongles /ECDIS

32SDV005 USB Programmed Multi-node Dongles /ECDIS

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SPERRY MARINE TOKEN/CMap E-Token/ECDIS

SPERRY MARINE TOKEN/CMap E-Token/ECDIS

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USBKEYBOARD/PC USB Keyboards /ECDIS

USBKEYBOARD/PC USB Keyboards /ECDIS

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USBMOUSE/PC USB MOUSE/ECDIS

USBMOUSE/PC USB MOUSE/ECDIS

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65901AT /ANQ VMFT Radar Processors /ECDIS

65901AT /ANQ VMFT Radar Processors /ECDIS

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65903KG Keyboard /ECDIS

65903KG Keyboard /ECDIS

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65900520 Video Data Cable /ECDIS

65900520 Video Data Cable /ECDIS

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65900711 VMFT Radar Manuals /ECDIS

65900711 VMFT Radar Manuals /ECDIS

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65900712 ECDIS TECH MANUAL

65900712 ECDIS TECH MANUAL

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SHEPARD, A./RDD 01 MAR 2016 /65901AN SPERRY VMFT ECDIS Processor/

SHEPARD, A./RDD 01 MAR 2016 /65901AN SPERRY VMFT ECDIS Processor/ (ECDIS)

PURCHASE REQUEST NUMBER: N231935225CB03B

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65903KF Trackball /ECDIS

65903KF Trackball /ECDIS

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65900AA VMFT PCIO Unit /ECDIS

65900AA VMFT PCIO Unit /ECDIS

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65900528 Monitor Serial Interface Cable /ECDIS

65900528 Monitor Serial Interface Cable /ECDIS

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T65900625-3 On/Off Switch with Buzzer /ECDIS

T65900625-3 On/Off Switch with Buzzer /ECDIS

NET AMT

T65900635 USB Connector Assembly /ECDIS

T65900635 USB Connector Assembly /ECDIS

NET AMT

32SDV005 USB Programmed Multi-node Dongles /ECDIS

32SDV005 USB Programmed Multi-node Dongles /ECDIS

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SPERRY MARINE TOKEN CMap E-Token/ECDIS

SPERRY MARINE TOKEN CMap E-Token/ECDIS

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USBKEYBOARD /PC USB Keyboards /ECDIS

USBKEYBOARD /PC USB Keyboards /ECDIS

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USBMOUSE/ PC USB MOUSE

USBMOUSE/ PC USB MOUSE

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65901AT ANQ VMFT Radar Processors /ECDIS

65901AT ANQ VMFT Radar Processors /ECDIS

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65903KG Keyboard /ECDIS

65903KG Keyboard /ECDIS

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65900520 Video Data Cable /ECDIS

65900520 Video Data Cable /ECDIS

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65900711 VMFT Radar Manuals /ECDIS

65900711 VMFT Radar Manuals /ECDIS

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65900712 ECDIS TECH MANUAL

65900712 ECDIS TECH MANUAL

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BYRD, R.E./RDD01 MAR 2016/65901AN SPERRY VMFT ECDIS Processor/CL

BYRD, R.E./RDD01 MAR 2016/65901AN SPERRY VMFT ECDIS Processor/CLASS BUY (ECDIS)

PURCHASE REQUEST NUMBER: N231945225CB04B

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65903KF Trackball/ECDIS

65903KF Trackball/ECDIS

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65900AA VMFT PCIO Unit /ECDIS

65900AA VMFT PCIO Unit /ECDIS

NET AMT

65900528 Monitor Serial Interface Cable /ECDIS

65900528 Monitor Serial Interface Cable /ECDIS

NET AMT

T65900625-3 On/Off Switch with Buzzer ECDIS

T65900625-3 On/Off Switch with Buzzer ECDIS

NET AMT

T65900635 USB Connector Assembly /ECDIS

T65900635 USB Connector Assembly /ECDIS

NET AMT

32SDV005 USB Programmed Multi-node Dongles /ECDIS

32SDV005 USB Programmed Multi-node Dongles /ECDIS

NET AMT

SPERRY MARINE TOKEN /CMap E-Token/ECDIS

SPERRY MARINE TOKEN /CMap E-Token/ECDIS

NET AMT

USBKEYBOARD PC USB Keyboards /ECDIS

USBKEYBOARD PC USB Keyboards /ECDIS

NET AMT

USBMOUSE PC USB Mouse /ECDIS

USBMOUSE PC USB Mouse /ECDIS

NET AMT

65901AT ANQ VMFT Radar Processors /ECDIS

65901AT ANQ VMFT Radar Processors /ECDIS

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65903KG Keyboard /ECDIS

65903KG Keyboard /ECDIS

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65900520 Video Data Cable /ECDIS

65900520 Video Data Cable /ECDIS

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65900711 VMFT Radar Manuals

65900711 VMFT Radar Manuals

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65900712 ECDIS TECH MANUAL

65900712 ECDIS TECH MANUAL

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MSC TERMS & CONDITIONS

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

CAUTION-BRAND NAME ONLY

By accepting this purchase order, the Vendor expressly understands and acknowledges that this purchase order is only for the brand name items and parts identified in this purchase order and that the brand name items and parts constitute a material term of this purchase order. The Vendor shall not tender for delivery any substitute and/or alleged equal item or part. The Vendor is hereby warned that any substitute and/or alleged equal item or part tendered for delivery will be rejected by the Government as a non-conforming item and will provide a basis to cancel the purchase order or terminate the purchase order for cause. The Vendor shall be responsible for all costs, such as but not limited to shipping, delivery, repackaging, etc., and arrangements for the return of any non-conforming item.

The OEM is Northrop Grumman Systems Corp (NGSC) Maritime Systems, 1070 Seminole Trail, Charlottesville VA, 22901-2891.

NMCARS 5225.9000

NMCARS 5225.9000 Restriction on certain components for naval vessels.

(a) Restriction. In accordance with 10 U.S.C. 2534(a), do not purchase the following components of naval vessels, to the extent that they are unique to marine applications, unless manufactured in the U.S. or Canada:

(1) air circuit breakers

(2) gyrocompasses,

(3) electronic navigation chart systems,

(4) steering controls,

(5) pumps,

(6) propulsion and machinery control systems, and

(7) totally enclosed lifeboats.

(b) Exceptions. This restriction does not apply to –

(1) contracts or subcontracts that do not exceed the simplified acquisition threshold, or

(2) acquisition of spare or rep[air parts needed to support components for naval vessels produced or manufactured outside the United States.

(c) Implementation.

(1) 10 U.S.C. 2534(h) prohibits the use of a contract clause or certification to implement this restriction.

(2) Implementation of this restriction shall be accomplished through management and oversight techniques that achieve the objective of this restriction without imposing a significant management burden on the Government or Contractor.

(d) Waiver. In accordance with the provisions of DFARS 225.7008(b), USD(AT&L) has executed an annual waiver of the restrictions of 10 U.S.C. 2534 for certain items manufactured in the United Kingdom, including the items listed in paragraph (a) above. This waiver applies to –

(1) Procurements under solicitations issued on or after August 4, 1998; and under the conditions described in DFARS 225.7008(a)(1)(iv).

(2) Subcontracts and options under contracts entered into prior to August 4, 1998, under the conditions described in DFARS 225.7008(a)(1)(iv).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

MSC BATS WAREHOUSE

9284 BALBOA AVE

SAN DIEGO CA 92123

(615) 553-6053

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-13 SYSTEM FOR AWARD MANAGEMENT Maintenance (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph

(c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the

Contractor does not have internet access, it may call Dun and

Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

This procurement is a FAR Part 12 acquisition being conducted under FAR Subpart 13.5 Test Program. Accordingly, simplified acquisitions procedures apply. After receipt of quotes, the Government may without notice, negotiate with and, if desired, seek a quote revision from as many or as few quoters as it, in its discretion, deems appropriate.

1.

General Instructions

Quoters shall submit quotes:

Technical Quotes

Past Performance

Price Quote – Should be submitted separate from Technical and Past Performance.

Technical Quotes

For Parts: For Parts: Technical description of the items being quoted, including country of manufacture of each item quoted, in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary..

The OEM is Northrop Grumman Systems Corp (NGSC) Maritime Systems, 1070 Seminole Trail, Charlottesville VA, 22901-2891.

Past Performance

Quoters are requested to provide information on up to three (3) previous Government/Commercial contracts whose effort is/was recent and relevant to the effort required by this solicitation.

a.

“Recent” is defined as a contract in-progress or completed within the last three (3) years. If the quoter has not had three (3) Government contracts within the last three (3) years, information on recent and relevant subcontracts and/or commercial contracts may be submitted.

b.

“Relevant” is defined as a contract that is of similar scope, magnitude, complexity to the requirements as set forth in this solicitation.

i.

Scope: Experience in the areas defined in PWS.

ii.

Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the quoter’s submitted contracts to the PWS.

iii.

Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the quoter in its submitted contracts to the PWS. For complexity, not only will the tasks performed by the quoter be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

A Past Performance Data Sheet (Attachment 1) is requested to be submitted for each contract to be considered as past performance. Quoters shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this solicitation; a detailed description of the work performed for the contract; and the role performed, including whether the quoter acted as a prime contractor or a subcontractor. Quoters are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

For each of the contracts the quoter describes in a Performance Data Sheet (Attachment 1), the quoter is requested to provide a Past Performance Questionnaire (Attachment 2) to a reference at the organization that awarded the contract. It is requested that the reference, not the quoter, email or fax the completed Past Performance Questionnaire (Attachment 2) BEFORE THE DUE DATE FOR PROPOSALS directly to Alan Wile, Military Sealift Command-Norfolk, 471 East C Street-Bldg SP-64, Norfolk, VA 23511, e-mail: alan.wile@navy.mil; Fax Number: (757) 443-5982, ATTN: Alan Wile. The quoter, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

All quoters are required to address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) in the Performance Data Sheet (Attachment 1).

Price and Other Business Considerations

1.

A separate unit price and extended price must be submitted for each line item in above table.

2.

Terms of any express warranty.

3.

Any discount terms.

4.

A completed copy of the representations and certifications at FAR 52.212-3 Alternate I and DFARS 252.212-7000 or a statement stating that they are available via the SAM website, https://www.sam.gov/portal/public/SAM/.

5.

Remittance address, Tax Identification Number, DUNS number and Cage Code.

6.

Quoter shall state expected delivery date ________________ (Only applies to supply contracts)

7. Responses to this solicitation are due 23 February 2016 at 02:00PM local time, Norfolk, VA. LATE QUOTES MAY NOT BE CONSIDERED FOR EVALUATION. Quotes may be e-mailed to alan.wile@navy.mil@navy.mil or faxed via 757-443-5982Attn: Alan Wile. Please reference the solicitation number on your proposal.

8. Quotes submitted in response to this solicitation shall not contain nor be subject to the quoter’s standard commercial terms and conditions. Any offer submitted in response to this solicitation which includes the quoter’s standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

BASIS FOR AWARD:

Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the Request for Quotation, offers the lowest evaluated price.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50…