C1.5 Combined Synopsis Solicitation 19-Q-7086 8.21.19.pdf

Combined Synopsis/Solicitation

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation—we will not issue a written solicitation.

2. This solicitation is a request for quotations (RFQ). The solicitation number is N66001-19-Q-7086. For information regarding this solicitation, contact Israel Alvarado by phone at 619-553-7204 or by e-mail at Israel.alvarado@navy.mil. Please use the subject line “N66001-19-Q-7086” on your e-mail messages.

This procurement is a Total Small Business Set-Aside. Only quotes submitted by Small Business Concerns will be accepted by the Government. Any quote that is submitted by a non-Small Business Concern will not be considered for award. The applicable NAICS Code is 334515 and the size standard is 750 employees.

However, the small business size standard for a nonmanufacturer is 500 employees.

3. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-05 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice 20190628.

4. We require the following Brand Name or Equal Keysight item(s):

Item No. Description Quantity Unit 0001 Keysight N9000B CXA Signal Analyzer, Multi-Touch, 9kHz to 26.5Ghz (w/ 3

Year Warranty)

Includes:

N9000B-526 Frequency range, 26.5 GHz N9000B-W10 Operating system, Windows 10

1 EA

0002 N9000B-B25 Analysis Bandwidth, 25 MHz

0003 N9000B-PFR Precision frequency reference

0004 N9000B-P26 Preamplifier, 26.5 GHz

** The quoted price must include UID label(s) required by DFARS 252.211-7003 and shipping costs FOB Destination. The resulting purchase order will be issued accordingly.

5. You must deliver the required item(s) FOB destination to:

Attn: Steve Koenig, Code 56240 4297 Pacific Highway, Building OT7 San Diego, CA, 92110-5000

Delivery is required no later than 30 days ARO. We will accept the items at destination.

6. The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items (Aug 2018) (Deviation 2018- O0018), applies to this acquisition. The following addendum replaces the text of this provision in its entirety:

Addendum to FAR 52.212-1

INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS

(a) North American Industry Classification System (NAICS) code and small business size standard. The applicable NAICS code is 334515. The small business size standard is 750 employees. However, the small business size standard for a nonmanufacturer is 500 employees.

(b) Submission of quotations. You must submit your quotation electronically by uploading it to the SPAWAR e-commerce website at https://e-commerce.sscno.nmci.navy.mil under NIWC Pacific/Simplified Acquisitions/N66001-19-Q-7086. Quotes submitted by email may not be accepted. As a minimum, your quotation must show-

(1) General Information: Offeror Business Name, Address, Cage and DUNS Codes (ensure Representation and Certifications are up to date in SAM.gov), Federal Tax ID, Primary Point of Contract (to include telephone and e-mail address), solicitation number; name, address, and telephone number of the quoter;

(2) Technical Acceptability Documentation:

a. Technical Approach or Specifications: The quote must address and meet the requirements/specifications as defined under Technical Acceptability in Factor I below.

b. Authorized Source Confirmation:

To be considered for award, the Government may request the offeror/contractor submit documentation confirming that they are an authorized source for this product. An “Authorized Source” is defined as the original manufacturer, a source with the express written authority of the original manufacturer or current design activity, or an authorized aftermarket manufacturer. Quoter / contractor should expect that their status will be confirmed with the manufacturer.

c. Counterfeit IT Certification: The following IT related statement applies to all line items and the Government requires each offeror to explicitly confirm and submit supporting documentation, as needed:

The offeror/contractor certifies that the product(s) being offered are new and in their original packaging. The subject product(s) are eligible for all manufacturer warranties and other ancillary services or options provided by the original manufacturers, authorized suppliers, or suppliers that obtain parts from the manufacturer or its authorized supplier.

Products not meeting this requirement are immediately subject to a no cost cancellation or termination for default/cause.

The quoter / contractor is required to submit documentation identifying its supply chain for the product(s). Within the aforementioned documentation, the offeror shall also identify the country of manufacture and indicate one of the following, if applicable:

Manufacturing occurs in the U.S., but more than 50% is foreign content;

Originally foreign manufactured products significantly modified by U.S.

Company

The quoter / contractor assumes responsibility for authenticity. Costs of counterfeit parts are unallowable unless the conditions set forth in DFARS 231.205-71(b) are met.

By submitting a quote, the quoter / contractor acknowledges and agrees that a valid non-refutable no cost cancellation or termination for default/cause for non-compliant awarded items may occur if any of the products provided are not recognized or acknowledged by the manufacturer as new products eligible for warranties and all other ancillary services or options provided by the manufacturer or that quoter / contractor was not authorized by the manufacturer to sell the product in the U.S.

(3) Price Quote: Submit complete pricing for each individual item listed in the “DESCRIPTION OF REQUIREMENTS” Section above to include the unit of issue, the extended price for each line item and a total price in US Dollars ($). Note: Ensure FOB Destination shipping costs are included in the pricing or are priced out separately per the table above.

(4) Commercial Warranty: If available, provide the terms and length of the Workmanship and/or Manufacturer Warranty on the product(s) and/or services proposed included in the proposed purchase price.

(c) Reserved.

(d) Product samples. Not applicable.

(e) Multiple quotations. You are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. We will evaluate each quotation that you submit separately.

(f) Submission Deadline.

(1) You are responsible for submitting your quotation by 11:00 AM Pacific Time on 28 August 2019 (submission deadline).

(2) We will consider your quotation if we receive it by the submission deadline. If we receive your quotation after this time, we will not consider it unless we receive it before we issue the purchase order and we determine that considering it is in the best interest of the Government.

(3) In the event that an emergency or unanticipated event interrupts our normal processes so that we cannot receive your quotation prior to the submission deadline, the submission deadline is automatically extended to the same time of day specified in the solicitation on the first workday on which our normal processes resume.

(g) Issuance of purchase order. We intend to award to the responsible quoter whose quote conforming to the solicitation is the most advantageous to the Government, price and other factors considered.. However, we may issue a purchase order to a vendor who did not submit a quotation in response to this solicitation.

After the evaluation of quotations, we may negotiate final terms with one or more quoters of our choosing before issuing a purchase order. We will not negotiate with any quoters other than those of our choosing and we will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. We may issue a purchase order for any item or group of items in your quotation, unless you qualify the quotation by specific limitations. Unless otherwise provided in the Schedule, you may not submit a quotation for quantities less than those specified. We reserve the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless you specify otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation.

(1) You may obtain the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation for a fee by submitting a request to:

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

(2) You may download most unclassified Defense specifications and standards from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) You may order documents not available from ASSIST from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) You must obtain nongovernment (voluntary) standards from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding the micro-purchase threshold and quotations of any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) You must enter, in the block with your name and address on the cover page of your quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies your name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that you may assign at your discretion to establish additional SAM records for identifying additional Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11). If you do not have a DUNS number, you should contact Dun and Bradstreet directly to obtain one. If you are located inside the United States, you may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. If you are outside the United States, you must contact the local Dun and Bradstreet office for a DUNS number. You should indicate that you are a quoter for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. By submission of your quotation, you acknowledge the requirement to register in the SAM database prior to purchase order issuance, during performance, and through final payment of any contract resulting from this solicitation. If you are not registered in the SAM database in the time that we prescribe, we will proceed to issue the purchase order to the next otherwise successful registered quoter. You may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Requests for information. We will not notify unsuccessful quoters that responded to this solicitation.

You may request information on purchase order(s) resulting from this solicitation from the contracting officer.

(m) Solicitation Provisions Incorporated by Reference.

(1) Subparagraph (m)(2) below incorporates solicitation provisions by reference, with the same force and effect as if they appeared in full text. Upon your request, we will make their full text available. These provisions may include blocks that you must complete and submit with your quotation. In lieu of submitting the full text of these provisions, you may identify the provision by paragraph identifier and provide the appropriate information with your quotation. Also, you may access the full text of a solicitation provision electronically at this/these address(es):

Federal Acquisition Regulation: www.acquisition.gov

Defense FAR Supplement: https://www.acq.osd.mil/dpap/

Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html

(2) The following solicitation provisions are incorporated by reference:

FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.212-3 Offeror Representations and Certifications—Commercial Items – Alternate I (Oct 2018) FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Mar 2018)

(n) Authorized Deviations in Provisions.

(1) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(2) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of addendum)

7. The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018), applies to this acquisition. An addendum to the clause adding paragraphs (w) and (v) is shown below.

Addendum to FAR 52.212-2

EVALUATION – COMMERCIAL ITEMS.

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation is the most advantageous to the Government, price and other factors considered.

However, the Government reserves the right to award no contract at all, depending on the quality of quotes submitted and availability of funds. A quoter will be considered non-responsive if technical acceptability is not met.

Technical Acceptability is defined in Factor I below.

Factor I – Technical Acceptability: The Government will evaluate the quote to see if the following specification requirements are met to include all information required for a complete quote as defined in paragraph #2 (Addendum to FAR 52.212-1) above:

The “Brand Name” item(s) (including part numbers) along with the salient physical, functional, and performance characteristics that an “equal” product must meet are specified below. Vendors shall provide a quote that identifies the Brand Name items or “Equal” items. Additionally, vendors shall specify delivery timeframes in their quote that meet or exceed the required delivery date specified above. When proposing an “equal” item(s), the “equal” product(s) must meet the salient physical, functional, and performance characteristic specified below:

- Frequency range: must cover at least 1 to 25 GHz;

- Analysis Bandwidth: minimum of 10 MHz (greater is preferred);

- Windows 10 Operating System; and

- External interface via Ethernet or other high speed digital port.

To propose an “equal” item, vendors shall clearly demonstrate that the item meets the minimum salient characteristics identified above. Vendors must identify the item by providing in the quote the brand name/manufacturer of the “equal” item, the make/model/part number of the “equal” item and a website link to the descriptive literature, which demonstrates the “equal” item meets, at a minimum, the salient characteristics provided above.

Factor II – Price: The Government will evaluate the total price to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The total firm-fixed-price shall include all applicable taxes, shipping, and handling costs to the shipping address listed above or provided as a separate line as outlined in paragraph #3 above.

Factor III – Past Performance: The Government will review internal databases to evaluate the vendor’s past performance. Evaluation may be limited to those vendors who are more likely to receive an award based on the other factors.

Notice: Any offer rated “Unacceptable” under any one of the above factors may be determined to be ineligible for contract award.

Addendum to FAR 52.212-4

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(w) Clauses Incorporated by Reference.

(1) Subparagraph (w)(2) below incorporates one or more clauses by reference, with the same force and effect as if they appeared in full text. Upon your request, we will make their full text available.

Also, you may access the full text of a clause electronically at these addresses:

Federal Acquisition Regulation: www.acquisition.gov

Defense FAR Supplement: https://www.acq.osd.mil/dpap/

Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html

(2) The following clauses are incorporated by reference:

(i) FAR 52.204-13, System for Award Management Maintenance (Oct 2018)

(ii) FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016)

(iii) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(iv) DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

(v) DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

(vi) DFARS 252.211-7003, Item Unique Identification and Valuation (Mar 2016)

(vii) DFARS 252.223-7008, Prohibition of Hexavalent Chromium (Jun 2013)

(viii) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

(ix) DFARS 252.232-7006, Wide Area Workflow Payment Instructions (May 2013)

(x) DFARS 252.232-7010, Levies on Contract Payments (Dec 2006)

(xi) DFARS 252.244-7000, Subcontracts for Commercial Items (Jun 2013)

(xii) DFARS 252.246-7008, Sources of Electronic Parts (May 2018)

(xiii) DFARS 252.247-7023, Transportation of Supplies by Sea—Basic (Apr 2014)

(v) Authorized Deviations in Clauses.

(1) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(2) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of addendum)

8. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or

Executive Orders—Commercial Items (Oct 2018), applies to this acquisition. The following clauses cited in the clause are incorporated by reference:

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

FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

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

FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

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

FAR 52.219-6, Notice of Total Small Business Aside (Deviation 2019-O00003)

FAR 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)

FAR 52.222-3, Convict Labor (June 2003)

FAR 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018)

FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

FAR 52.222-26, Equal Opportunity (Sep 2016)

FAR 52.222-35, Equal Opportunity for Veterans (Oct 2015)

FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)

FAR 52.222-37, Employment Reports on Veterans (Feb 2016)

FAR 52.222-50, Combating Trafficking in Persons (Mar 2015)

FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

FAR 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

FAR 52.233-3, Protest After Award

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

**The Government reserves the right to add/remove clauses on the resulting purchase order, in accordance with applicable regulations and statutes ***