SPMYM4-18-P-0538.pdf
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Combined Synopsis/Solicitation
(IAW FAR 12.603)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
Defense Logistics Agency Commercial Sourcing HMD at Maritime Pearl Harbor intends to compete a Firm Fixed Price (FFP) contract for items listed in (CLINs) 0001-0002. This solicitation is being issued as a Request for Quote (RFQ) SPMYM418Q00538 for a FFP type contract with a Delivery (FFP) Contract Line Item Numbers (CLINs). The HMD Contracting Officer at Maritime Pearl Harbor, Hawaii intends to award a firm fixed price commercial contract.
**Offerors are required to fill out this document, sign, and then return 1 copy to issuing office**.
Contractor agrees to deliver all products (and installation if need be) or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.
Quote Submission Information:
Quote is due by N/A, DLA HMD (HST). Contact the following individual for information regarding this solicitation:
NOTE: Emailed proposals are preferred Nathan Britt Contracting Officer Nathan.W.Britt@Navy.Mil
EVALUATION OF RESPONSES:
Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items, FAR Part 13, Simplified Acquisition Procedures along with the utilization of FAR Part 15, Contracting by Negotiation Source Selection Procedures. The responsible offeror must be registered in the System for Award Management (SAM) database (available at: https://www.sam.gov/portal/public/SAM/ ) and submit a completed copy of the Offeror Representations and Certifications – Commercial Items with their proposal. Lack of registration in SAM will qualify contractor as INELIGIBLE for award.
Responsible source may submit a quote in response to this solicitation, which shall be considered. This solicitation is being issued as a RFQ for a firm fixed price type commercial contract. The HMD Contracting Officer at DLA Maritime Pearl Harbor intends to issue a commercial contract to the responsible vendor, for items listed in (CINs) 0001-0002.
JML NUMBERS:
8212H011-2
SOLICITATION NUMBER
SPMYM418Q00538
SPMYM418Q00538
* SOLICITATION NOT OUT FOR COMPETITION DUE TO SOLE SOURCE*
Important Information:
The submittal deadline for all questions after the solicitation has been posted will be 24 hours prior to the solicitation being closed N/A. Please send all questions to purchasing agent: ……..@dla.mil
****Contractor shall complete pricing within each Contract Line Item of this RFQ and return a copy as a part of their solicitation.****
Organization Name:_____________________________
Contractor’s DUNS#_______________ Contractor’s Cage Code#_____________________
Quote is valid through (date):_____________________________
SIGNATURE OF OFFEROR: Date:
SOLICITATION ISSUE
DATE: 16 AUG 2018
SOLICITATION DUE
DATE: N/A
THIS ACQUISITION IS:
Full and Open Competition
X 100% small business set-aside
SIZE STD:
FEDERAL SUPPLY CLASS:
NAICS: 333318 DELIVERY:
X
SEE ITEM DESC
FOB DESTINATION
FOB ORIGIN
METHOD OF
SOLICITATION:
REQUEST FOR QUOTE
SPMYM418Q00538
SPMYM418Q0538
Section SF 30 - BLOCK 14 CONTINUATION PAGE
IMPORTANT RFQ INFO
**Trade Agreements apply and the vendor shall list the country of origin for each item**
PURCHASING AGENT: Nathan Britt TEL: 808-473-8000 X5505 E-MAIL: nathan.britt@dla.mil FAX: 808-471-1030
THE DOD AND NAVY REQUIRE PAPERLESS DISTRIBUTION OF PURCHASE ORDERS,
CONTRACTS, AND MODIFICATIONS. PLEASE PROVIDE YOUR E-MAIL ADDRESS BELOW:
PLEASE PROVIDE THE FOLLOWING INFORMATION SO YOUR COMPANY CAN BE ENTERED INTO
OUR COMPUTER SYSTEM
CAGE Code (Commercial & Government Entity No.) _____________ DUNS (Dun & Bradstreet) No. _________________________ SAM (System for Award Management) Yes No (circle one)
TAX ID NO. (TIN) _________________________
**Trade Agreements apply and the vendor shall list the country of origin for each item**
WITHOUT THE ABOVE INFORMATION, AN ORDER MAY NOT BE AWARDED AND YOUR QUOTE
MAY NOT BE FAIRLY EVALUATED. PLEASE CALL 808-473-8000 EXT 5204 WITH ANY
QUESTIONS.
The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.
Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.
Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specified otherwise in the offer.
THE FOLLOWING INFORMATION MUST BE PROVIDED OR YOUR QUOTE MAY NOT BE
ACCEPTED.
Provide your best delivery schedule:
Estimated delivery to Pearl Harbor days weeks months **Trade Agreements apply and the vendor shall list the country of origin for each item**
Business size (in accordance with Federal Government Standards) (Select all that apply)
□ Small □ Large □ Woman-Owned □ Disadvantaged □ SDVOSB
□ HUBZONE
Prompt Payment Terms_______% _______Days NET ______
If on GSA Contract: [ ] GSA Contract #____________________Expiration Date: ______
IF PRICING IS ON “OR EQUAL” BRAND, PLEASE PROVIDE COPY OF
LITERATURE/SPECIFICATIONS, MAKE AND MODEL OF ITEM BEING OFFERED.
VENDOR SHALL COMPLETE AND RETURN THE FOLLOWING PRICE INFORMATION: PRICES ARE
BASED ON (Check one or more)
(1) [ ] Commercial catalog/published price list number _______________ date_________page________. ATTACH APPLICABLE CATALOG/PRICE LIST PAGE.
Note: If quoted prices exceeds catalog/published price explain
(2) Unpublished or internal Price List No. ______________
State means of verification:
Prices audited and approved by DCAA/DCASR ______________________ Last audit was on ________________________ (date).
(3) Sales history of this item for at least the last 12 months:
Government Commercial Sales dollar Volume:
Quantity of units sold:
Unite Price:
Contract number:
Award date:
METHOD OF PAYMENT IS WIDE AREA WORK FLOW (WAWF)
DFAR Clause 252.232-7003 (MAR 2008) is applicable to this solicitation. Please note that the WAWF (Wide Area Work Flow) will be used as the method of payment for supplies and/or services procured under this solicitation. Information regarding WAWF is available on the internet at https://wawf.eb.mil. If you are not able to accept payment by WAWF, please provide the reason(s) below:
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause—
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
INVOICE ONLY
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
N32253
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N68732 Issue By DoDAAC SPMYM4 Admin DoDAAC SPMYM4 Inspect By DoDAAC N32253 Ship To Code N32253 Ship From Code Mark For Code Service Approver (DoDAAC) N32253 Service Acceptor (DoDAAC) N32253 Accept at Other DoDAAC LPO DoDAAC N32253 DCAA Auditor DoDAAC Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
PHNSY & IMF COMPTROLLER CODE 610.4
E-MAIL: PRLH_PHNS_C630_CONTRACT@NAVY.MIL
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
PHNSY & IMF COMPTROLLER CODE 610.4
E-MAIL: PRLH_PHNS_C630_CONTRACT@NAVY.MIL
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
INQUIRIES REGARDING PAYMENT OF INVOICES / STATEMENTS MAY BE
DIRECTED TO DFAS CLEVELAND – CUSTOMER SERVICE SECTION @ 1-800-756-4571
OPTION 2, OPTION 4; OR PHNSY/IMF CODE 610.4 FAX: 808-471-5031 OR E-MAIL:
PRLH_PHNSY_C630_CONTRACTS@NAVY.MIL
1. Jennifer B. Valdez, jennifer.b.valdez@navy.mil 808-473-8000 x6187
2. Ta-Tanisha Dennie, Tatanisha.Dennie@navy.mil 808-473-8000 x5379
***For payment inquiries, please contact the individuals listed directly above***
(End of clause)
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2 Each
DEMINERALIZER
FFP
DEMINERALIZERDEMINERALIZER; 24" DIAMETER X 48-1/2" HIGH,
CARBON STEEL, EPOXY LINED, DISPOSABLE PRESSURE VESSEL WITH
DEWATERING INTERNALS. 1-1/2" IPS SEAMLESS SCH 40 STEEL INLET,
OUTLET & VENT PIPING EXTENDING OVER THE VESSEL TOP BY 10-
1/2". SEE ATTACHMENT 1 FOR ADDITIONAL REQUIREMENTS. COC
REQUIRED. PHNS INFO: PRIOR TO AWARD, VENDOR TO PROVIDE
A PROPOSED GENERIC DRAWING OF THE DEMINERALIZER TO THE
PHNS COGNIZANT ENGINEER, C. FUJIMOTO VIA THE DLA/FISC
CONTRACTING OFFICER FOR REVIEW. C139: WHAM RECEIPT INSPECT
PRESSURE VESSEL (DEMINERALIZER) PADEYES PER LHEI RGS-38,
PARAGRAPHS 6.1.1, 6.1.2, 6.1.3, 6.3.1, 6.3.2, & 6.3.3. VISUALLY INSPECT
TO THE MAXIMUM EXTENT POSSIBLE. PAINT REMOVAL IS NOT
REQUIRED TO PERFORM THE VISUAL INSPECTION. C2305.2:
FORWARD ALL CERTIFICATIONS, DOCUMENTATION, AND DRAWINGS
TO C2380 COGNIZANT ENGINEER, CHEYNE FUJIMOTO X6455.
CONCURRED BY C710, KRISTEN FUJINAGA,
FOB: Destination
MILSTRIP: N322538212H011
MFR PART NR: NONE1
PURCHASE REQUEST NUMBER: N322538212H011
PROJECT: NY3
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 4 Each
DEMINERALIZER
FFP
DEMINERALIZERDEMINERALIZER: 24" MAXIMUM DIAMETER X 72"
OA MAXIMUM HEIGHT, CARBON STEEL WITH EPOXY COATED LINER,
DISPOSABLE PRESSURE VESSEL. SEE: ATTACHMENT FOR
DEMINERALIZER SPECS AND DEMINERALIZER DRAWING.
CERTIFICATE OF COMPLIANCE REQUIRED NOTE: PRIOR TO
AWARD, VENDOR TO PROVIDE A PROPOSED GENERIC DRAWING OF
THE DEMINERALIZER TO THE PHNS COGNIZANT ENGINEER, C.
FUJIMOTO VIA THE FISC CONTRACTING OFFICER FOR REVIEW. PHNS
INFO: C139: WHAM RECEIPT INSPECT PRESSURE VESSEL
(DEMINERALIZER) PADEYES PER TGI WHE-RIP-001, PARAGRAPHS 5.1.1,
5.1.2, 5.1.3, 5.3.1 AND 5.3.2. VISUALLY INSPECT TO THE MAXIMUM
EXTENT POSSIBLE. PAINT REMOVAL IS NOT REQUIRED TO PERFORM
THE VISUAL INSPECTION. C2305.2: FORWARD ALL CERTIFICATIONS,
DOCUMENTATION, AND DRAWINGS TO C2380 COGNIZANT ENGINEER,
CHEYNE FUJIMOTO X6455 CONCURRED BY C710, KRISTEN FUJINAGA,
5/31/18. JUSTIFICATION FOR NON-STND PROCUREMENT - NO NSN CR
FOB: Destination
MILSTRIP: N322538212H012
MFR PART NR: NONE1
PURCHASE REQUEST NUMBER: N322538212H012
PROJECT: NY3
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 15-NOV-2018 2 DLA DISTRIBUTION
MIKE WATTERS
RECEIVING DEPT, CODE Z0S
667 SAFEGUARD ST, BLDG 167
JBPHH HI 96860-5033
808-306-1932 FOB: Destination
N32253
0002 15-NOV-2018 4 (SAME AS PREVIOUS LOCATION)
FOB: Destination N32253
CLAUSES INCORPORATED BY REFERENCE
52.204-8 Annual Representations and Certifications JAN 2018 52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
JAN 2017
52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.225-18 Place of Manufacture MAR 2015 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.253-1 Computer Generated Forms JAN 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015 252.211-7005 Substitutions for Military or Federal Specifications and
Standards
NOV 2005
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016)
DEC 2016
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.246-7003 Notification of Potential Safety Issues JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 333318.
(2) The small business size standard is 1,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) 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 the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.
FAR Clause Title Date Change
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 on SAM.
(End of provision)
52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)
(a) The Contractor shall test (See specifications) units(s) of Lot/Item 0001/0002/0003/0004 as specified in this contract. At least 15 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.
(b) The Contractor shall submit the first article test report within 30 calendar days from the date of this contract to Nathan.W.Britt@Navy.Mil marked "FIRST ARTICLE TEST REPORT: Contract No. , Lot/Item No.
0001/0002" Within 15 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.
(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph
(b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.
(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.
(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.
(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.
(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(a) Definitions.
As used in this clause--
New means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.
Reconditioned means restored to the original normal operating condition by readjustments and material replacement.
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
Remanufactured means factory rebuilt to original specifications.
Virgin material means--
(1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or
(2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.
(b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause.
(c) A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition.
(d) A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval.
(e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use.
52.212-2 EVALUATION--COMMERCIAL ITEMS
(a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. This acquisition will utilize Lowest Price Technically Acceptable (LPTA) procedures. Past Performance will be waived by the Contracting Officer.
The following factors will be used to evaluate offers:
Factor 1 – Technical The sub-factor within the technical factor will receive one of the ratings described below based on the criteria listed below. Individual sub-factor ratings will be used to determine the overall technical acceptability of each offeror. To be determined technically acceptable at the factor level, the Offeror must be rated acceptable in each sub-factor. A final unacceptable sub-factor assessment will determine an overall technical unacceptable rating.
Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.
Sub-factor 1: Special Qualifications The Government will assess the Offeror’s proposed Special Qualifications. Offeror’s proposal SHALL thoroughly substantiate all the following essential components with little potential for disruption of schedule, increased cost or degradation of performance:
a) The Contractor shall provide signed documents which illustrate the offering of: items listed in within contract line item numbers (CLINs) No. 0001-0002.
b) The Contractor shall provide documentation listing a delivery method of F.O.B.
destination; along with a delivery schedule no later than 75 days.
Factor 2 – Cost/Price The Government shall evaluate the Total Evaluated Price (TEP) of all technically acceptable Offerors.
(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
MANUFACTURING OR PRODUCTION INFORMATION
If offers are submitted which fail to provide the actual manufacturing/production source(s) for the item(s) offered, or, if such information is provided but restricted from disclosure (by the inclusion of the Federal Acquisition Regulation (FAR) clause 52.215-12 legend or any other proprietary or confidentiality restriction) such offers may be rejected as technically unacceptable. This provision does not apply to commercial items.
52.242-15 STOP-WORK ORDER (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;
provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State laws and regulations promulgated pursuant thereto.
(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration of government identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not offered or supplies transferred from the Government's account to the cold storage Contractor's account at origin or destination. (For product rejected at destination and returned to the Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal or obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector.
REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM)
(a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract. and/or when WPM is being acquired under this contract.”
(b) Definition.
Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).
(c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.
(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/).
(2) All WPM shall include certification/quality markings in accordance with the ALSC standard.
Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved dunnage stamp.
(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR Clauses: http://acquisition.gov/far/ DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Clauses: http://acquisition.gov/far/ DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) 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.
(b) The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) 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.
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)
(a) If the schedule in this contract contains any contract subline items or exhibit subline items identified as not separately priced (NSP), it means that the unit price for that subline item is included in the unit price of another, related line or subline item.
(b) The Contractor shall not invoice the Government for any portion of a contract line item or exhibit line item which contains an NSP until --
(1) The Contractor has delivered the total quantity of all related contract subline items or exhibit subline items; and
(2) The Government has accepted them.
(c) This clause does not apply to technical data.
THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF
WORK/PERFORMANCE WORK STATEMENT.
EVALUATION OF FIRST ARTICLE TESTING
(a) Offerors are advised that the contract awarded as a result of this solicitation will require first article testing.
This requirement may be waived by the Contracting Officer when supplies identical or similar to those called for have previously been delivered by the offeror and accepted by the Government. Therefore, offerors can submit alternative offers, one including testing and approval and the other excluding testing and approval. If the Government waives the requirement for first article unit(s), test plans, testing and test report(s) for eligible offerors, the prices set forth in paragraph (g) will be used in evaluating offers. In addition, all provisions relating to first article testing will be deleted from the resulting contract.
(b) Offerors shall identify these identical or similar supplies by the contract number, agency, national stock number, contract award date, and contract delivery date.
CONTRACT AGENCY NSN CONTRACT CONTRACT NUMBER AWARD DATE DELIVERY
DATE
(c) ** The Government is responsible for first article testing under this contract. The cost to the Government of this testing will be a factor in the evaluation of offers, as it will be added to the offers requiring first article testing. The estimated cost of this testing is *** .
** The Contractor is responsible for first article testing under this contract.
(d) The approved first article **** serves as a manufacturing standard.
(e) Earlier delivery, if required in case of waiver of first article, shall not be a factor in the evaluation for award.
(f) The prices for first articles and first article tests in relation to production quantities shall not be materially unbalanced, if first article test items or tests are to be separately priced.
(g) Unit price offered if First Article is waived: $___________
MERCURY EXCLUSION CLAUSE FOR MERCURY FREE PROCUREMENT ( LC-2, JAN 2013)
1. Mercury or mercury compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract. Supplier shall certify that all items furnished under this contract are free of mercury or mercury compounds.
PROHIBITED PACKING MATERIALS
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.
CERTIFICATIONS REQUIRED WITH DELIVERY OF MATERIAL (CIM 2012-1)
All certifications are required to be delivered with the material. Payment on material for which certifications are not received will be withheld.
EUROPEAN UNION RESTRICTIONS REGARDING NONMANUFACTURED WOOD PACKAGING
AND PALLETS
All European shipments with wood pallets and wood containers produced of nonmanufactured wood shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) material and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC) in accordance with Nonmanufactured Wood Packing Policy and Nonmanufactured Wood Packing Enforcement Regulations dated May 30, 2001.
Reference:
http://www.aphis.usda.gov/ppq/swp/eunmwp.html for information and material sources
UNIT PRICES (August 2018)
Contractor’s unit prices, when incorporated into a Government contract, will be released under the Freedom of Information Act (FOIA) without further notice to the Contractor that submitted the prices. If the Contractor does not want his unit prices released, then he shall submit his proposal with the appropriate legends regarding the data, and explain in detail why such data cannot be released as a public record under FOIA.
REVIEW OF AGENCY PROTESTS
(a) The contracting activity, will process agency protests in accordance with the requirements set forth in FAR 33.103(d).
(b) Pursuant to FAR 33.103(d)(4), agency protests may be filed directly with the appropriate Reviewing Authority or a protester may appeal a decision rendered by a Contracting Officer to the Reviewing Authority.
(c) The Reviewing Authority is ____________________________________________________________ ______________________________________________________________________________________Agency procurement protests should clearly identify the initial adjudicating official, i.e., the “Contracting Officer” or “Reviewing Official”.
(d) Offerors should note this review of the Contracting Officer’s decision will not extend GAO’s timeliness requirements. Therefore, any subsequent protest to GAO must be filed within 10 days of knowledge of initial adverse agency action.
USE OF PAST PERFORMANCE INFORMATION RETRIEVAL SYSTEM – STATISTICAL
REPORTING (PPIRS-SR) IN PAST PERFORMANCE EVALUATION
(1) The offeror’s past performance shall be evaluated in accordance with FAR 13.106-2 or 15.305(a)(2), as applicable. This procurement is subject to Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR), authorized by the Department of Defense for use by participating activities during the acquisition of supplies and services.
(2) The purpose of the PPIRS-SR is to provide contracting personnel with quantifiable past performance information regarding delivery and quality, as collected from existing DoD reporting systems. PPIRS-SR uses the past performance data collected to classify each supplier’s performance by Federal Supply Class(es) or Service Code(s).
(3) Quality: The method used in PPIRS-SR to classify the quality of a supplier’s past performance is a comparison of quality records among all suppliers who have provided goods or services to the Federal Government which are categorized in the same Federal Supply Class or Service Class (FSC). Based on the comparison among suppliers in a specific FSC group, suppliers are classified by PPIRS-SR into a color rating that represents the supplier’s overall quality performance for that specific Federal Supply Class or Service Class. The following is a summarization of the PPIRS-SR classification colors:
1. Dark Blue: Top 5% of suppliers in FSC group*
2. Purple: Next 10% of suppliers in FSC group*
3. Green: Next 70% of suppliers in FSC group*
4. Yellow: Next 10% of suppliers in FSC group*
5. Red: Bottom 5% of suppliers in FSC group*
* If all supplier performance ratings for an entire FSC group are equal, all suppliers in that group will be classified Green.
(4) Delivery: Supplier delivery past performance is classified in PPIRS-SR by the supplier’s percentage of on time deliveries. On time deliveries are calculated using the number of line items delivered and a weighting factor which reflects the length of time a delivery was overdue.
(5) PPIRS-SR classifications are established monthly for each supplier and can be reviewed at http://www.ppirs.gov/. Suppliers are granted access to PPIRS-SR for their own classifications. Offerors are encouraged to review their own classifications as well as the PPIRS-SR reporting procedures and methodology detailed in the PPIRS-SR Procedures Manual and the PPIRS-SR User Guide available at http://www.ppirs.gov. The method to challenge a rating is also found on the identified website.
(6) Suppliers with no history in PPIRS-SR will be considered to have a neutral PPIRS-SR rating.
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