Sole source ESI Sysweld Welding Simulation Solution Maintenance Renewal for Puget Sound Naval Shipyard

This requirement is to provide Puget Sound Naval Shipyard with a firm-fixed-price order for Brand Name ESI North America, Inc. Sysweld Software Maintenance in accordance with Attachment 1. The maintenance period is 10/10/22 to 10/9/2023, plus 4 Option Years. The Government intends to negotiate and award the resultant contract on a SOLE SOURCE basis to ESI North America, Inc. in accordance with FAR 13.106-1(b)(1). (See Attachment 2). The contract will be awarded using simplified acquisition procedures in accordance with FAR part 13.

This requirement incorporates provisions and clauses in effect through FAC 2022-07 (Effective 08/10/2022) and DFARS DPN 20220826 (Effective August 26, 2022). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The clauses may be accessed in full text at the following addresses:

FAR - http://www.acquisition.gov

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

The NAICS code is 511210, and the small business size standard for this NAICS Code is $41.5M.

*Reference Attachments:

1)           N3904022Q5395.XLS

2)           SOLE SOURCE

3)           SOLE SOURCE RFQ N3904022Q5395

The following FAR provision and clauses are applicable to this procurement:

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

52.204-7 System for Award Management

52.204-9 Personal Identity Verification of Contractor Personnel

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13 System for Award Management Maintenance)

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership of Control of Offeror

52.204-18 Commercial and Government Entity Code Maintenance)

52.204-19 Incorporation by Reference of Representations and Certifications

52.204-20 Predecessor of Offeror

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

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

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.204-26 Covered Telecommunications Equipment or Services-Representation

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or A Felony Conviction Under Any Federal Law

52.212-1 Instructions to Offerors - Commercial Items

52.212-2 Evaluation—Commercial Items

52.212-3 and its ALT I, Offeror Representations and Certifications - Commercial Items

52.212-4 Contract Terms and Conditions - Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items

52.217-7 Option for Increased Quantity -- Separately Priced Line Item

52.217-9 Option to Extend the Term of the Contract

52.219-6 Small Business Program Representation

52.219-28 Post Award Small Business Representation

52.222-3 Convict Labor

52.222-19 Child Labor-Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-36 Affirmative Action for Workers with Disabilities

52.222-50 Combating Trafficking in Persons

52.223-5 Pollution Prevention and Right-to-Know Information

52.223-11 Ozone-Depleting Substances

52.223-18 Contractor Policy to Ban Text Messaging while Driving

52.225-13 Restriction on Foreign Purchases

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Reps and Certs

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.242-15 Stop-Work Order

52.247-34 F.O.B. Destination

52.252-1 Solicitation Provisions Incorporated by Reference

52.252-2 Clauses Incorporated by Reference

52.252-6 Authorized Deviations in Clauses

52.253-1 Computer Generated Forms

Additional contract terms and conditions applicable to this procurement are:

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7005 Representation Relating To Compensation of Former DOD Officials

DFARS 252.204-7003 Control of Government Personnel Work Product

DFARS 252.204-7006 Billing Instructions

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors

DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

DFARS 252.225-7048 Export-Controlled Items

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7006 Wide Area Workflow Payment Instructions

DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies by Sea

NAVSEA CLAUSES

C-202-H001         ADDITIONAL DEFINITIONS–BASIC

C-204-H001         USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES

C-211-H018         PPROVAL BY THE GOVERNMENT

C-212-W002        COMMERCIAL SUPPLIER AGREEMENTS

C-227-H010        COMPUTER SOFTWARE AND COMPUTER DATA BASES DELIVERED TO OR RECEIVED FROM THE GOVERNMENT

C-246-H001        EXTENSION OF COMMERCIAL WARRANTY                                   

E-246-H016         INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION DELIVERIES

F-242-H001         CONTRACTOR NOTICE REGARDING LATE DELIVERY

G-232-H002        PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE

G-232-H005        SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING

G-242-H001        H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES

The Government will award a purchase order resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Quotes will be evaluated based on the following criteria.

-Technical Acceptability (Authorized Reseller)

- Price

Technical Evaluation Ratings:

Rating: Acceptable

Description: Submission clearly meets the minimum requirements of the solicitation. Submission must be provided by the OEM or an authorized reseller.

Rating: Unacceptable

Description: Submission does not clearly meet the minimum requirements of the solicitation

If the technical submittal is determined “Unacceptable”, it renders the entire quote technically unacceptable.

If the Technical Submission does not meet the minimum requirements will be rated as “Unacceptable”, and will no longer be considered for award.

System for Award Management (SAM): Vendor must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.

Place of Performance is:    Puget Sound Naval Shipyard and IMF

                                             Bremerton, WA 98314-5001

                                            

The period of performance is: 10/10/2022 - 10/09/2023 plus 4 Option Years.

FOB – Destination

This announcement will close on September 12, 2022 at 2:30 PM (EST). Contact Lisa Fielding by email at lisa.a.fielding.civ@us.navy.mil for questions regarding this notice.

Responsibility and Inspection: Unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

The Vendor's quote shall include price(s), a point of contact, name, email address, phone number, CAGE code, Manufacturer Part Number, business size under NAICS Code 511210, and payment terms.

The Vendor's response must clearly indicate its capability to meet all specifications and requirements.

******End of Combined Synopsis/Solicitation*****