WC-133W-17-RQ-0539.pdf

Solicitation Number WC-133W-17-RQ-0539 Flexible Couplings Rexnord Brand Name or Equal

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; quotations are being requested and a written solicitation will not be issued. This synopsis/solicitation WC-133W-17-RQ-0539 constitutes a Request for Quotation (RFQ) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-95.

This solicitation is conducted as an unrestricted procurement and the associated NAICS code is 334220 with a size standard of 1,250 employees.

The U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Logistics Support Center (NLSC) is seeking to purchase five hundred (500) flexible couplings for the NEXRAD platform and to replenish logistics supply stock.

All interested companies shall provide quotations for the following:

• Provide a quantity of five hundred (500) Rexnord brand name or equal flexible couplings in accordance with the specifications contained herein and the enclosed terms and conditions. The cost of shipping (FOB destination to NLSC, address listed below) shall be included in the firm-fixed price rate for each flexible coupling.

• Estimated date of delivery to NLSC

Line Item Description Quantity Unit Price Quantity

Discount Percent Total Price

Flexible coupling

Rexnord Brand P/N: 24636-2088-1 or equal*

ASN: R400-2A1A1A4

NSN: 3010-01-397-6638

Estimated date of delivery (specify weeks or days) After Receipt of Order _____________

500 ________ ________ ____________

*The salient physical and functional characteristics of this part can be found in drawing DWG NO.

24636-2088-1. Interested parties shall contact Alex Williams via email at alex.williams@noaa.gov to request a copy the drawing. The drawing will be provided upon execution of a non-disclosure agreement.

Delivery shall be provided FOB destination to NLSC. The contractor shall deliver flexible couplings to:

National Logistics Support Center 14200 Merritt Road Grandview, MO 64030

*The NLSC would accept early and partial deliveries at no increased cost to the Government.*

EVALUATION OF COMMERCIAL ITEM

Award shall be made to the quoter whose quotation offers the best value to the Government, considering technical capability, past performance, and price utilizing a comparative evaluation.

Technical Capability:

Evaluation of Technical Capability will be based on the information provided in the quotation. Quoters shall include the manufacturer or brand name, make and model of the products, manufacturer literature which addresses all characteristics and clearly documents that the offered product meets salient characteristics contained herein and meets the needs of the Government in essentially the same manner as the brand name. Quotes submitted as equal to the name brand shall also provide warranty terms and conditions.

Technical Capability will also be evaluated on the Quoters proposed delivery terms for the flexible couplings to NLSC.

Past Performance:

The quoter’s past performance will be evaluated to determine the overall quality of the product and service provided and the quoter’s history of meeting delivery schedules for prior deliverables. Evaluation of Past Performance shall be based on the references provided and/or the quoter’s recent and relevant procurement history with NOAA or its affiliates. Quoters must provide a list of NO MORE than three (3) references to whom the same or similar equipment has been provided. The quoter must include the reference’s name, contact person, and contact information. A past performance questionnaire (PPQ) may be sent by the Government to the past performance references if deemed necessary. Data from the Past Performance Information Retrieval System (PPIRS), or any other available source of information, may be used at the Government’s discretion to supplement the references provided.

***The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/comp/far/index.html ***

The following FAR provisions and clauses are incorporated herein by reference:

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017) – see addendum

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

52.209-4 FIRST ARTICLE APPROVAL – GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver ten (10) unit(s) of Lot/Item flexible coupling within thirty (30) calendar days from the date of this contract to the Government at 14200 Merritt Road Grandview, MO 64030 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within five (5) calendar days after the Government receives the first article, 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 submit an additional first article for testing. After each request, 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 disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. 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 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, the Contractor--

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor`s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, 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) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) 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.

(i) 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.

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (JAN 2017)

The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with its quote. The offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

The following clauses under subparagraph (b) apply:

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP

2006)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2016)

52.209-6 PROTECTING THE GOVERNMEN’TS INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (OCT 2015)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES (OCT

2016)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.225-1 BUY AMERICAN – SUPPLIES (MAY 2014)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

The following clauses under subparagraph (c) apply: none.

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 address: www.acquisition.gov

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: www.acquisition.gov

***The full text of a CAR provision or clause may be accessed electronically at http://ecfr.gov. ***

1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: Melissa Witcher, U.S. Dept. of Commerce/NOAA Eastern Acquisition Division, 601 E 12th Street, Room 1734, Kansas City, MO 64106

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of Commerce, Office of General Counsel, Contract Law Division Room 5893, Herbert C. Hoover Bldg., 14th St and Constitution Ave NW, Washington D.C. 20230, Attn: Ed Weber Phone: 202-482-2661

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: (202) 482-5858

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

National Logistics Support Center 14200 Merritt Road Grandview, MO 64030

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is from the date of award through TBD number of weeks or days after receipt of order. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows: N/A

NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

A. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. Allow contractors to better prepare for and propose on business opportunities.

2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.

3. Identify constraints in transparency and process.

B. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

C. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution.

However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer's decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

D. There are several constraints to the scope of the AGO Ombudsman's authority, for instance:

1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A-76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).

2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.

7. The AGO Ombudsman is not NOAA's agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

E. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

F. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

G. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them.

Such restrictions include, but are not limited to, those set forth in: (a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment; (b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility; (c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and (d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor.

Addendum to FAR provision 52.212-1 (Instructions to Offerors – Commercial Items)

The offeror MUST submit all of the following information with their quote package.

1) Page 1 of this solicitation document (complete unit price, total price, and estimated date of delivery blocks).

2) All Brand or Product Information to meet technical capability, and as required within the Evaluation of Commercial Item section in this solicitation.

3) No more than three (3) Past Performance References, including valid contact information (i.e., the reference’s name, contact person, phone number, and email).

4) Offeror Representations and Certifications (complete FAR provision 52.212-3, or certify completion in SAM at the following website: https://www.sam.gov/portal/public/SAM/ )

5) Provide your DUNS number and your associated CAGE code, as well as your company name, address, point of contact, email address, and telephone number.

6) Your response to CAR clause 1352.209-74(c), Organizational Conflict of Interest – Warrant and Disclosure

7) Provide a statement regarding the warranty of each unit

In order to be considered for award you must submit a quote in accordance with the requirements (items 1-7) listed above. If you do not submit all of the requested items you may be considered non-responsive.

*PLEASE SUBMIT ONLY THE INFORMATION REQUESTED ABOVE. THERE IS NO

NEED TO SUBMIT ALL PAGES OF THIS SOLICITATION. *

Eastern Region Acquisition Division requires that all contractors doing business with the acquisition office must be registered with the System for Award Management (SAM). An award cannot be made unless the contractor is registered in SAM. For additional information, and to register in SAM free of charge, please access the following website: https://www.sam.gov/portal/public/SAM/ In order to register with SAM and to be eligible to receive an award from this acquisition office, all contractors must first have a Dun & Bradstreet (D&B) DUNS number. A DUNS (Data Universal Numbering System) number may be acquired free of charge at the following website:

http://fedgov.dnb.com/webform