N64498-24-SIMACQ-PD-1410-0076_A1_Administrative Determination Memo_Signed.pdf

November 2019

ADMINISTRATIVE DETERMINATIONS

Procurement Request Number: N64498-24-SIMACQ-PD-1410-0076 Description: CuNiAl Wire

[ ] SYNOPSIZED DATE:

[ X ] EXEMPTION FROM SYNOPSIS

[ ] a. In accordance with FAR 5.202(a)(2) and as requested in Code______ memo dated________, the proposed contract action is being made under the conditions described in FAR 6-302-2 and as such, is determined to be an exception to the synopsis requirement because of unusual and compelling urgency and the Government would be seriously injured if NSWCCD complies with the time periods specified in FAR 5.203.

[ ] b. In accordance with FAR 5.202(a)(4), the proposed contract action is determined to be an exception to the synopsis requirement because it is expressly authorized or required by a statute to be made through another Government agency, including acquisitions from the Small Business Administration (SBA) using the authority of Section 8(a) of the Small Business Act, or from a specific source such as a workshop for the blind under the rules of the Committee for the Purchase from the Blind and Other Severely Handicapped.

c. In accordance with FAR 5.202(a)(6), the proposed contract action is an order under Subpart 16.5, Indefinite-Delivery Contracts

[ ] d. In accordance with FAR 5.202(a)(7), the proposed contract action is determined to be an exception to the synopsis requirement because it results from the acceptance of a proposal under SBIR Solicitation No.______________________ issued pursuant to the authority of the Small Business Innovation Development Act of 1982 (P.L. 97-219).

[ ] e. In accordance with FAR 5.202(a}(8), and as requested by Code_______ memo dated______________, the proposed contract action is determined to be an exception to the synopsis requirement because it results from the acceptance of an unsolicited research proposal that demonstrates a unique and innovative research concept and publication of any notice would improperly disclose the originality of thought of the proposed research, or would disclose proprietary information associated with the proposal.

[ X] f. Other (FAR 5.202(a)(13 ) Specify Exception: Under SAP, on GPE with electronic response.

APPLICATION OF LABOR LAWS:

1. SERVICE CONTRACT ACT (SERVICE CONTRACT LABOR STANDARDS)

[ ] SERVICE CONTRACT ACT APPLIES

[ X ] SERVICE CONTRACT ACT DOES NOT APPLY TO THIS ACTION BECAUSE:

X The requirement is for supplies or construction.

The Contracting Officer anticipates that the proposed contract action will be a service contract and will require meaningful numbers of professional employees as defined at FAR 22.1102. Therefore, pursuant to FAR Subpart 22.11, these professional employees are not covered by the Service Contract Act and a wage determination has not been requested from the Department of Labor. If the Contracting Officer subsequently determines, either prior to or after contract award, that the principal purpose of the service contract is to furnish services through the use of service employees other than any person employed in a bona fide executive, administrative, or professional capacity, a wage determination for the covered employees shall be obtained from the Department of Labor and incorporated into the solicitation and/or contract, as applicable.

In accordance with 10 USC 7299, the work required involves construction, alteration, furnishing or equipping of a naval vessel and is therefore subject to the Walsh-Healy Act and not the Service Contract Act, per FAR 22.1003-3(b).

2. WALSH-HEALY PUBLIC CONTRACTS ACT

[ ] Walsh-Healy Act applies, requirement involves the furnishing Materials, Supplies, Articles and Equipment Exceeding $15,000

[ X ] Walsh-Healy Act does not apply. Commercial item.

3. DAVIS BACON

[ ] DAVIS BACON WAGE DETERMINATION (CONSTRUCTION REQUIREMENTS) APPLIES

November 2019

[ X ] DAVIS BACON WAGE DETERMINATION DOES NOT APPLY TO THIS ACTION BECAUSE:

X The requirement is for supplies or services.

ORGANIZATIONAL CONFLICT OF INTEREST DETERMINATION

[ X ] Pursuant to FAR 9.505, this solicitation does not include an organizational conflict of interest clause because conflicting roles that might bias a contractor's judgment do not exist, nor is there concern of an unfair competitive advantage. An organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition.

[ ] Pursuant to FAR 9.506, this solicitation includes an organizational conflict of interest provision and/or clause. OCI documentation is contained in Contract file.

Date Contracting Officer