Cold Work Tools

The Naval Air Warfare Center Aircraft Division in Lakehurst, NJ has a potential requirement for the items of support equipment listed in attachment #1 to this solicitation. It is anticipated that this effort will be placed as a Firm Fixed Price Purchase Order. In accordance with FAR Part 12 and FAR Subpart 19.5 this effort is reserved exclusively for small business concerns.

2. Government inspection and acceptance shall be performed at the VENDOR FACILITY by DCMA.

3. The following provisions and clauses apply to this procurement:

52.204-18

Commercial and Government Entity Code Maintenance

JUL 2016

52.204-21

Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.209-7

Information Regarding Responsibility Matters

OCT 2018

52.209-12

Certification Regarding Tax Matters

FEB 2016

52.211-6

Brand Name or Equal

AUG 1999

52.211-7

Alternatives to Government-Unique Standards

NOV 1999

52.211-14

Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use

APR 2008

52.212-1 (Dev)

Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

OCT 2018

52.212-2

Evaluation - Commercial Items

OCT 2014

52.212-3 Alt I

Offeror Representations and Certifications--Commercial Items (OCT 2018) Alternate I

OCT 2014

52.212-4

Contract Terms and Conditions--Commercial Items

OCT 2018

52.214-35

Submission Of Offers In U.S. Currency

APR 1991

52.225-18

Place of Manufacture

AUG 2018

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.252-1

Solicitation Provisions Incorporated By Reference

FEB 1998

52.252-3

Alterations in Solicitation

APR 1984

52.252-5

Authorized Deviations In Provisions

APR 1984

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005

Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7007

Alternate A, Annual Representations and Certifications

JUN 2019

252.204-7008

Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.211-7003

Item Unique Identification and Valuation

MAR 2016

252.211-7004

Alternate Preservation, Packaging, and Packing

DEC 1991

252.213-7000

Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7007

Notice of Intent to Resolicit

JUN 2012

252.223-7008

Prohibition of Hexavalent Chromium

JUN 2013

252.225-7028

Exclusionary Policies And Practices Of Foreign Government

APR 2003

252.225-7036

Buy American--Free Trade Agreements--Balance of Payments Program--Basic

DEC 2017

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7006

Wide Area WorkFlow Payment Instructions

DEC 2018

252.232-7010

Levies on Contract Payments

DEC 2006

252.244-7000

Subcontracts for Commercial Items

JUN 2013

252.246-7003

Notification of Potential Safety Issues

JUN 2013

252.246-7005

Notice of Warranty Tracking of Serialized Items

MAR 2016

252.246-7008

Sources of Electronic Parts

MAY 2018

252.247-7023

Transportation of Supplies by Sea

FEB 2019

252.247-7028

Application for U.S. Government Shipping Documentation/Instructions

JUN 2012

52.212-5     CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (22)  52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X(26)  52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

   

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts

to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

   

(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix)  52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

4. Deliveries will be made FOB destination to:

Naval Air Warfare Center Aircraft Division

Aircraft Support Equipment Staging Facility

Highway 547

Building 195 (Hangar 6)

JOINT BASE MDL, NJ 08733-4851

Shipping POC:Tara Traendly, (H-1 SE WSM), 732-323-7381

NOTE:  No Friday deliveries will be accepted.

5.  Registration in the Department of Defense (DoD) System for Award Management (SAM) database will   be a prerequisite for receiving an award. For more information on the SAM, refer to the SAM website at https://www.sam.gov/portal/public/SAM. Please ensure that your company’s SAM account is      active and provide your company’s CAGE code within your quote.

6. Quotes shall be valid for a period of no less than 60 days.

7. Please provide one (1) electronic copy of the quote to the Naval Air Warfare Center-Aircraft Division, Attn: George Ball ( 2.5.2.2.3.4), Bldg. 562, Room 306, Naval Air Engineering Center Lakehurst, Hwy 547, Joint Base MDL, NJ 08733-1903 as soon as possible, but not later than 1/9/2020.

8. Payment will be provided once invoices are submitted through the Government’s Wide Area Workflow system at https://wawf.eb.mil/. Payment terms: Net 30 days. No contract financing will be provided for this effort.

9. This request neither implies nor requests the commencement of any effort. Further, the Government shall incur no obligation whatsoever as a result of this proposal request if a contract is not executed.

10. Please direct all questions to: George Ball, (732)-323-1862, E-mail: george.ball1@navy.mil.

12. If there are any recent sales for the requested item/s, or a price list that can be used to justify the pricing of the requested item/s, please send that information along with your official quote.