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The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83 effective 2 July 2015.
This procurement is 100% small business set-aside and the associated North American Industry Classification System (NAICS) code is 314999 with a business size standard of 500 employees. The DPAS rating for this procurement is DO-C9
The Naval Special Warfare Development Group (NSWDG) has a requirement to procure the following Performance Design brand name parachute items. The requirement is a Brand Name only requirement per NAVSEA 13512.1M Instruction.
Section B Schedule of Supplies and Services
CLIN 0001 Assorted Parachute Items-See detailed description in attached spreadsheet for specific part numbers and quantities.
Qty- 1 Group
FOB: Destination
Delivery: 30 days ARO
CLAUSES INCORPORATED BY REFERENCE
FAR 52.204-16 Commercial and Government Entity Code Reporting Nov 2014
FAR 52.211-14 Notice of Priority Rating for National Defense Emergency Preparedness & Energy Program Use Apr 2008
FAR 52.211-15 Defense Priority and Allocation Requirements Apr 2008
FAR 52.212-1 Instructions to Offerors - Commercial Items Apr 2014
FAR 52.212-3 Offeror Representations and Certifications - Commercial Items Alternate I (Oct 2014) Mar 2015
FAR 52.212-4 Contract Terms and Conditions-Commercial Items May 2015
FAR 52.212-2 Evaluation -Commercial Items Oct 2014
(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. The following factors shall be used to evaluate offers in descending order of importance: Technical capability, delivery schedule, and price. Government will award this contract based on best value to the government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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.
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items May 2015
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:
FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jul 2013
FAR 52.209-6 Protecting the Governments Interest When Subcontracting With Contractors Debarred, Suspended or Proposed for Debarment Aug 2013
FAR 52.219-6 Notice of Total Small Business Set-Aside Nov 2011
FAR 52.222-3 Convict Labor Jun 2003
FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies Jan 2014
FAR 52.222-21 Prohibition Of Segregated Facilities Feb 1999
FAR 52.222-26 Equal Opportunity Mar 2007
FAR 52.222-36 Affirmative Action For Workers With Disabilities Jul 2014
FAR 52.222-50 Combating Trafficking in Persons Mar 2015
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011
FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Jul 2013
FAR 52.232-36 Payment by Third Party May 2014
CLAUSES INCORPORATED BY FULL TEXT
Please note that due to character limitation in FedBizOpps, full text of the Federal Acquisition Regulation (FAR) can be accessed on the internet at http://www.farsite.hill.af.mil
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(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. The following factors shall be used to evaluate offers in descending order of importance: Technical ability to meet specifications, delivery schedule and price. Government will award this contract based on the best value to the government.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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.
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
FAR 52.247-29 F.o.b. Origin Feb 2006
FAR 52.247-34 F.o.b. Destination Nov 1991
FAR 52.252-2 Clauses Incorporated By Reference Feb 1998
FAR 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 Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
FAR 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.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
The following DFARS provisions and clauses apply to this acquisition and are incorporated by reference. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications at https://www.acquisition.gov, the offeror they are to indicated in the submitted quote, there is no need to complete these provisions again for a this solicitation.
DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011
DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013
DFARS 252.203-7005 Representation Relating to Compensation of Former DoD officials Nov 2011
DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992
DFARS 252.204-7004 Alt A System for Award Management Alternate A Feb 2014
DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information Nov 2013
DFARS 252.211-7003 Item Unique Identification and Valuation Dec 2013
DFARS 252.225-7001 Buy American and Balance of Payments Program Nov 2014
DFARS 252.225-7002 Qualifying Country Sources as Dec 2012
DFARS 252.232-7010 Levies on Contract Payments Dec 2006
DFARS 252.243-7002 Requests for Equitable Adjustments Dec 2012
DFARS 252.244-7000 Subcontracts for Commercial Items and Commercial Components Jun 2013
DFARS 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law-Fiscal Year 2015 Appropriations (Deviation 2015-Oo0005 ) May 2014
(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
The following SOFARS provision and clauses apply to this acquisition
SOFARS 5652.201-9002 Authorized Changes Only By Contracting Officer 2005
The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is Christine Anderson, telephone (757) 862-9469.
SOFARS 5652.204-9003 Disclosure of Unclassified Information and Notification Requirements for Cyber Security Breaches 2013
(a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor's external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.
(b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.
(c) The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor's network(s) or information system(s). Breaches include unauthorized intrusions of the contractor's server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor's data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer.
(d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract. Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer.
(e) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.
SOFARS 5652.215-9016 Technical and Contractual Questions Concerning This Solicitation Jan 2000
All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent to the following point of contact:
Tina Ford, Contract Specialist; Email address: [email protected]; phone (757) 862-9468; fax (757) 862-9478; mailing address: 472 Polaris Avenue, Bldg. 586, Virginia Beach, Virginia 23461-2299.
SOFARS 5652.233-9000 Independent Review of Agency Protests (2013) Section I
All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision shall be made through the Contracting Officer to the HCD/FCO. If the HCD/FCO is the Contracting Officer, submit the request in accordance with FAR 33.103(d) (4) to: Chief of Contracting, N01K, 472 Polaris Ave, Bldg 586, Virginia Beach, VA 23461-2299, Fax (757) 862-9478.
Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements.
All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent by email the following point of contact: Tina Ford, Contract Specialist; Email address: [email protected]
Quotes must be received no later than 10:00 AM. Eastern Standard Time (EST) on 07 Aug 2015. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and will be most advantageous to the Government based on best value. The prospective offeror must be registered with the System for Award Management Registration (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 45 calendar days from the date specified for receipt of quotes. Quotes can be faxed, emailed or mailed in the United States postal mail to NSWDG, Attn Tina Ford, 1636 Regulus Avenue, Virginia Beach, Virginia 23461-2299
Point of Contact for this solicitation is Tina Ford at [email protected] or phone (757) 862-9468 or fax to (757) 862-9478.