RFQ N6660424Q0105 amended 12182023.docx

N66604-24-Q-0105 Amendment 12/8/2023: This RFQ is being amended to dissolve the small business set-aside, revise the point of contact, and to extend the SEWP response deadline to 12/14/2023.

Amendment 12/18/2023: This RFQ is being amended to reflect a sole source requirement via SAM.gov and to extend the response deadline to 12/19/2023.

PLEASE READ THIS ENTIRE NOTICE CAREFULLY AS IT CONSTITUES THE ONLY NOTICE THAT WILL BE ISSUED.

This is a combined synopsis and solicitation for commercial products prepared in accordance with format in 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 and quotes are being requested. A written solicitation will not be issued. In accordance with FAR 5.203(a)(2) this solicitation will be posted for less than fifteen (15) days.

Naval Undersea Warfare Center Division, Newport (NUWCDIVNPT) intends to issue a sole source, Firm Fixed Price (FFP) purchase order to Instron, a division of Illinois Tool Works Inc. (ITW Inc.). (UEI CM3YHLY12DF5) for Instron hardware, installation, and training as detailed in the table below, no substitutions allowed. Further details as to the specifics required of each of the CLINs is provided in the attached document.

This notice of intent is not a request for competitive proposals. A determination by the Government not to compete the proposed contract based upon responses to this notice is solely within the discretion of the Government.

All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

For the purposes of quoting to this opportunity, the Contract Line Item Number (CLIN) structure is identified below:

Request for Quotation (RFQ) number is N66604-24-Q- 0105. This requirement is being solicited on an unrestricted, sole source basis as concurred with by the NUWCDIVNPT Office of Small Business Programs (OSBP). The North American Industry Classification System (NAICS) code for this acquisition is 541519. The Small Business Size Standard is 1,250 employees.

Required delivery is F.O.B. Destination, Naval Station Newport, Rhode Island.

The required delivery date is as specified in the chart above. Early and partial delivery is acceptable.

Exception #2 applies to Section 508 Requirements on this opportunity.

Justification for Sole Source Requirement: Instron Co brand equipment is the only brand that meet the Government’s compatibility requirements as all of the currently existing testing machines are Instron Co products. Additionally, all of the testing machines utilize Instron’s Bluehill Universal software suite, which is proprietary. Failure to procure Instron Co products would require the Government to alter the current configuration to a different hardware/software. Such an action would involve purchasing a whole new suite of compatible test equipment, reengineering the test procedures, and retraining engineers on the new processes, roughly $1.5M in cost. Such an endeavor would take an extremely long time to implement and would jeopardize performing mission essential tests for the Navy. As any other products would not meet the agency’s needs, or cannot be modified to do so, Instron brand will need to be utilized to keep current configurations active. Instron does not have any authorized resellers. Per FAR 8.405-6(a)(1)(i)(B): only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

Incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular (FAC).

The following provisions and clauses apply to this solicitation:

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or Felony under any Federal Law FAR 52.212-1 Instruction to Offerors – Commercial Item FAR 52.212-2 Evaluation – Commercial Items FAR 52.212-3 Offeror Representations and Certifications – Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items *The additional following FAR clauses cited in 52.212-5 are applicable to the acquisition:

52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2);

52.222-3, Convict Labor (JUN 2003);

52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (CD 2020-O0019);

52.222-21, Prohibition of Segregated Facilities (APR 2015) 52.222-26, Equal Opportunity (SEP 2016);

52.222-35, Equal Opportunity for Veterans (JUN 2020);

52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020);

52.222-37, Employment Reports on Veterans (JUN 2020);

52.222-50, Combating Trafficking in Persons (OCT 2020);

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (JUN 2020);

52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021).

The following Defense Federal Acquisition Regulations Supplement (DFARS) provisions and clauses also apply to this solicitation:

252.204-7006 Billing Instructions 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls;

252.204-7009 Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information 252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support Full text of incorporated FAR/DFARS clauses and provisions may be accessed electronically at https://acquisition.gov/far/.

Contractors must be registered in the System for Award Management (SAM) (https://www.sam.gov/portal/public/SAM) prior to award. Instructions for registration are available on the website.

Offeror shall have had completed and submitted Federal Acquisition Regulations (FAR) Provision 52.204-26 ‘Covered Telecommunication Equipment or Services- Representation’, in their SAM.gov profile and must list, “DOES NOT” to be considered valid.

Payment will be made via the Wide Area Workflow (WAWF) module within the Procurement Integrated Enterprise Environment (PIEE) system.

In accordance with DFARS Clause 252.211-7003, the contractor shall provide a unique item identifier (UID) for all delivered items for which the Government’s unit acquisition cost is $5,000.00 or more.

Offerors shall provide point of contact (including phone number and email address), Offeror CAGE code, Offeror DUNS number, and shall include a quote validity date of no less than 30 days from due date for receipt of offers. Offerors shall include price and delivery terms in their quote.

Offerors shall be advised that if after award the items delivered are determined not to be in new condition and/or are determined to be delivered from outside the US, the Government has the right to terminate for cause with the Contractor liable to the Government for any and all rights and remedies provided by the law including excess re-procurement costs.

Quotes shall be submitted via email to Kathleen.m.hourihan.civ@us.navy.mil. Quotes must be received no later than 2:00 p.m. (EST) on Tuesday, 19 December 2023. Offers received after this date and time are late and may not be considered for award. For information on this acquisition, contact Kathleen Hourihan at kathleen.m.hourihan.civ@us.navy.mil.